Florida appeals court rules the state's ban on concealed carry for adults ages 18 to 20 violates the Second Amendment in a unanimous decision.
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In a sweeping opinion, the court said 18-year-olds can serve in the military and defend the nation but face restrictions on their ability to exercise the same self-defense rights available to older adults.
"Eighteen- to 20-year-olds can defend the country without restriction but can only utilize their Second Amendment right to self-defense with severe restrictions," Judge Spencer D. Levine wrote for a unanimous three-judge panel of Florida's Fourth District Court of Appeals. "Restricting 18- to 20-year-olds — members of the same 'political community' as other law-abiding adults — from rights to self-defense would make the Second Amendment a 'second-class' right," Levine wrote.
A participant uses a handgun during a training session at a shooting range in Pompano Beach, Florida, on Oct. 25, 2023.
"In another win for the unalienable rights of Floridians, the 4th DCA agreed with our position that Florida's law banning adults under 21 from conceal carrying a firearm is unconstitutional," Uthmeier wrote on X. "We will not seek further review and will work with the Florida Department of Agriculture and Consumer Services to implement the court's order," he wrote. A Florida gun law book is displayed at Top Shottas Guns and Tactical Supply store in Fort Lauderdale on June 29, 2023, ahead of the state's new law allowing concealed carry without a permit taking effect on July 1.
The case stemmed from the 2024 arrest of Jaylen Eubanks, who was 18 at the time. According to the opinion, officers responding to a report of a person displaying a handgun detained Eubanks and found an unholstered firearm on his waist. He was charged with carrying a concealed firearm and improper exhibition of a firearm.the Second Amendment. The restriction was enacted following the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, where 17 people were killed.
A trial court rejected Eubanks' argument, but the appellate court reversed.precedent including Heller, Bruen and Rahimi, the court said adults ages 18 to 20 are among"the people" protected by the Second Amendment and that Florida failed to identify a historical tradition supporting the restriction. GUNS AND GANJA: SUPREME COURT SKEPTICAL OF FEDERAL LAW BANNING FIREARM POSSESSION FOR REGULAR MARIJUANA USERSThe panel also pointed to founding-era militia laws requiring many 18-year-old men to serve while bearing arms.
"That young adults had to serve in the militia indicates that founding-era lawmakers believed those youth could, and indeed should, keep and bear arms," the opinion states. The court rejected arguments that concerns about firearm misuse among younger adults justified the restriction, saying Florida failed to identify a historical tradition supporting the law and that adults ages 18 to 20 could not be treated like categories historically subject to firearm restrictions, such as felons or the mentally ill.
"All those who reach the age of 18 are able, and encouraged, for example, to join the military to defend our country," Levine wrote. "Yet those very same law-abiding adults are burdened in their ability to exercise the same Second Amendment rights that other adults have. "Jasmine Baehr is a Breaking News Writer for Fox News Digital, where she covers politics, the military, faith and culture.
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