Florida Court Rules on Concealed Carry Laws

A Florida appellate panel decided on Wednesday that the Second Amendment prevents the state from limiting concealed carry to individuals aged 21 and older.

Attorney General James Usmeyer, a Republican, faced criticism from Second Amendment advocates for not defending the age restriction against a lawsuit initiated by two public defenders in Broward County, as reported by the Orlando Sun Sentinel. In an 18-page ruling, Justice Spencer D. Levine stated that the Second Amendment should not be considered a “second-class right.”

The ruling specified that the text of the Second Amendment grants young individuals aged 18 to 20 the right to carry firearms in public, including concealed carry. Levine shared the court’s opinion in the case of Eubanks v. Florida, stating:

In a further victory for the unalienable rights of Floridians, the Fourth DCA agreed with our position that Florida’s law prohibiting adults under the age of 21 from carrying concealed firearms is unconstitutional. We do not seek further review and will continue to cooperate with @FDACS to carry out court orders.

The case began when Jaylen Eubanks was arrested for allegedly carrying a concealed weapon after defending himself against two men who threatened him, according to the Sun Sentinel. Levine’s commentary highlighted the inconsistency in encouraging 18-year-olds to enlist in the military while denying them the right to self-defense.

Levine remarked, “Anyone who reaches the age of 18 can, and is encouraged, to join the military to protect our country. Yet, even law-abiding adults are restricted from exercising the same Second Amendment rights as others.” He continued by emphasizing that the burden placed on 18- to 20-year-olds to carry firearms constitutes a clear and unconstitutional limitation.

Reports noted that differing rulings in lower courts regarding gun possession cases for 19-year-olds necessitated the appellate court’s involvement.

Usmeyer expressed satisfaction with the ruling on X, stating he would not appeal it and would move forward with implementing the judgment. He tweeted: “In a further victory for the unalienable rights of Floridians, the Fourth DCA agreed that Florida’s law prohibiting adults under 21 from carrying concealed firearms is unconstitutional. We will continue to cooperate with the Florida Department of Agriculture and Consumer Services to carry out court orders.”

In April 2023, Republican Governor Ron DeSantis signed a bill that positions Florida as a “constitutional carry state,” effectively removing the concealed carry permit requirement for qualifying individuals.