Florida court rules 18-year-olds have same gun rights as other adults

A Florida appeals court has struck down a decades-old state law that barred adults aged 18 to 20 from carrying concealed firearms, declaring it unconstitutional under the Second Amendment. The unanimous decision from the Fourth District Court of Appeal aligns with recent U.S. Supreme Court precedents on gun rights and reflects shifting legal views on who qualifies as part of “the people” protected by the Constitution.

The ruling, issued Wednesday, comes as Florida has broadly expanded carry rights in recent years, including permitless concealed carry. It leaves in place other age-based restrictions, such as those on firearm purchases, but removes a key barrier to self-defense for young adults who are otherwise law-abiding.

The Appeals Court Decision

The Fourth District Court of Appeal panel found that the 1987 law prohibiting concealed carry for those 18 to 20 lacked support in the nation’s historical tradition of firearm regulation. Judge Spencer D. Levine wrote that 18-year-olds can join the military and defend the country but faced severe restrictions on their ability to protect themselves.

The court determined the statute was facially unconstitutional for this age group, as no set of circumstances allowed them the same concealed carry options available to those 21 and older. This effectively extends Florida’s permitless carry framework to these young adults, provided they meet other eligibility requirements.

Case That Sparked the Ruling

The decision stems from the 2024 arrest of Jaylen Eubanks in Broward County. At 18, Eubanks was charged with carrying a concealed firearm and improper exhibition after police found an unholstered handgun on him during an investigation.

Eubanks told officers he displayed the weapon when he felt threatened by two men in a car he believed might run him over. His legal challenge argued that as a legal adult, he deserved the same rights to carry as older adults. The appeals court agreed, vacating his concealed carry conviction.

Attorney General’s Stance

Florida Attorney General James Uthmeier declined to defend the age restriction in court and welcomed the ruling as a win for constitutional rights. A Republican known for supporting gun access, Uthmeier indicated the state would move quickly to implement the change.

This position contrasted with some local prosecutors, including Broward County State Attorney Harold F. Pryor, who had defended the law citing public safety concerns tied to past tragedies. The split highlighted ongoing tensions within Florida’s legal system over gun policy.

Broader Context in Florida Gun Laws

Florida lawmakers raised the minimum purchase age to 21 after the 2018 Parkland school shooting, a measure that remains in effect despite repeated efforts in the House to lower it back to 18 for long guns. The concealed carry ban dated back further, to 1987.

Under Gov. Ron DeSantis, the state has moved toward greater gun access. This includes eliminating permit requirements for concealed carry in 2023 and a separate court ruling allowing open carry in certain contexts. The latest decision fits into that pattern of expanding rights for law-abiding adults.

Reactions and Potential Impacts

Gun rights advocates celebrated the outcome as restoring full adult rights to those 18 and older. Critics, however, expressed worries about maturity levels and potential risks, pointing to the original intent behind age limits following high-profile incidents.

The ruling could influence how law enforcement handles cases involving young adults and may prompt further legal challenges or legislative responses. For now, it clarifies that 18- to 20-year-olds in Florida share the same concealed carry protections as their older counterparts, assuming no disqualifying criminal history.

National Gun Rights Landscape

This Florida case adds to a growing body of decisions applying Second Amendment scrutiny to age-based restrictions. Federal courts have reached mixed conclusions on related issues, such as handgun purchase bans for those under 21, creating splits that could reach higher courts.

Young adults routinely exercise other adult responsibilities, from voting to military service. The decision underscores debates over whether firearm rights should follow the same logic, especially as courts continue to interpret historical traditions in light of modern precedents.