Florida Court Rules Concealed Carry Ban Unconstitutional for Young Adults

A Florida appeals court has determined that the state’s prohibition on concealed carry for individuals aged 18 to 20 breaches the Second Amendment. The ruling asserts that young adults are entitled to the same constitutional protections as those over 20.

The opinion emphasized that while 18-year-olds can serve in the military, defending the nation, they face restrictions in exercising their self-defense rights compared to older adults. Judge Spencer D. Levin, writing for a unanimous panel, remarked that it seems contradictory to allow young people the freedom to protect the country while limiting their ability to protect themselves.

“If the right to self-defense is not afforded to these young individuals, who are part of the same ‘political community’ as older citizens, it would render the Second Amendment as a ‘second-class’ right,” Levine noted.

This decision followed Florida Attorney General James Usmeyer’s choice not to defend the law earlier in the year. He celebrated the ruling, indicating that Florida’s age restriction on carrying concealed firearms is unconstitutional and stated that they would comply with the court’s decision.

The legal matters arose from the case of Jalen Eubanks, an 18-year-old who was arrested in 2024. Police had detained him after responding to a report of someone with a handgun, discovering a firearm on his hip. He faced charges for carrying a concealed weapon and displaying it improperly.

Eubanks contested these charges, claiming that the age limit was a violation of his Second Amendment rights. Although a trial court dismissed his argument, the appellate court disagreed.

The court referenced previous Supreme Court rulings, stating that individuals between 18 and 20 qualify as “citizens” protected by the Second Amendment, and found no historical basis for the state’s restrictions. They also pointed to early American militia laws, which mandated young males to bear arms.

“The requirement for young adults to join militias indicates that lawmakers in the past recognized their right and responsibility to keep and bear arms,” the opinion expressed.

Additionally, the court dismissed concerns regarding potential firearm abuse among the youth, stating that the state failed to substantiate the need for such regulations. Adults aged 18 to 20 cannot be equated with felons or the mentally ill—groups traditionally subject to firearm restrictions.

“Once someone reaches the age of 18, they are often encouraged to enlist in the military to protect our nation,” Levine observed. “Yet, these same responsible adults should have the right to exercise the same Second Amendment protections as others.”

The appellate court has reversed Eubanks’ conviction and sent the case back for further action.