A Florida appeals court ruled Wednesday that the state cannot ban 18- to 20-year-olds from carrying concealed firearms — striking down an age restriction as unconstitutional under the Second Amendment.
The Fourth District Court of Appeal issued an 18-page unanimous opinion declaring that the right to bear arms is not a “second-class right” for legal adults under 21.
“The plain text of the Second Amendment covers the right of 18- to 20-year-olds to the public carry of firearms, which would include concealed carry as a manner of public carry.”
Republican Attorney General James Uthmeier drew criticism from gun-control advocates after he refused to defend the age restriction against a challenge brought by two public defenders in Broward County, the Orlando Sun-Sentinel reported in February.
The case involved Jalen Eubanks, who was arrested for carrying a concealed weapon after he told police he displayed the firearm to deter two men threatening him.
Judge Spencer D. Levine, writing for the panel, highlighted the contradiction of encouraging 18-year-olds to join the military while denying them the right to carry firearms for self-defense.
“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.”
He continued: “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.”
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.
We will not seek further review and will work with @FDACS to implement the court’s order.
— Attorney General James Uthmeier (@AGJamesUthmeier) June 17, 2026
The appeals court became involved after conflicting rulings in lower courts in Broward County involving 19-year-olds carrying firearms.
Uthmeier announced he would not appeal the ruling and would instead work with the Florida Department of Agriculture and Consumer Services to implement the court’s order.
“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 posted on X.
Gov. Ron DeSantis signed legislation making Florida a constitutional carry state in April 2023, ending the permit requirement for concealed carry for those meeting certain criteria.
