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Florida Appeals Court Rules Concealed‑Carry Ban for 18‑ to 20‑Year‑Olds Unconstitutional

By concluding the law lacks a founding‑era historical analogue the court vacated the defendant’s conviction and ordered further proceedings

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BOCA RATON, FL - OCTOBER 21: Susan Kushlin shoots a pistol while wearing one of the bracelets that her company, Gun Girls, Inc., created for women that enjoy guns on October 21, 2013 in Boca Raton, Florida. Her line includes bullet jewelry, handbags, belts and custom logo apparel with some of the items priced at $35 gold-toned bullet belts, $20 dangling gun earrings, $76 pink concealed-carry handbags and $21 rhinestone-studded tank tops. (Photo by Joe Raedle/Getty Images)

Overview

  • The Fourth District Court of Appeal issued a unanimous opinion Wednesday that the Florida statute barring concealed carry for people ages 18 to 20 violates the Second Amendment.
  • Judge Spencer D. Levine wrote that 18‑ to 20‑year‑olds are part of “the people” protected by Supreme Court precedent and that the state failed to identify a historical tradition justifying the age limit.
  • The ruling vacated Jaylen Tyrus Eubanks’ 2024 concealed‑carry conviction and sent the case back to the lower court for further proceedings.
  • Florida Attorney General James Uthmeier declined to seek further review and said he will work with the Florida Department of Agriculture and Consumer Services to implement the court’s order.
  • The opinion relied on Heller, Bruen and Rahimi and cited founding‑era militia laws; it follows similar federal rulings in the Eighth and Third Circuits and could prompt changes to enforcement and prosecutions across the state.