Young adults can defend the nation but face restrictions on self-defense
In Florida, a unanimous appeals court has drawn a constitutional line between civic obligation and civil liberty — finding it untenable that the same young adults trusted to bear arms in military service could be denied the right to carry for self-defense. The Fourth District Court of Appeals struck down the state's age restriction on concealed carry for 18-to-20-year-olds, anchoring its reasoning in founding-era precedent and recent Supreme Court doctrine. The ruling, which the state's own Attorney General declined to contest, reflects a broader national reckoning with how constitutional rights are distributed across the arc of legal adulthood.
- A Florida appeals court unanimously ruled that barring 18-to-20-year-olds from concealed carry creates an unconstitutional double standard — the same age group can serve in the military but couldn't legally carry for self-defense.
- The case was sparked by the 2024 arrest of 18-year-old Jaylen Eubanks, found with an unholstered firearm, whose Second Amendment challenge was initially rejected before the appellate court reversed course.
- Florida's own Attorney General refused to defend the law, signaling the state had already abandoned its position before the ruling was handed down.
- The court drew a direct line from founding-era militia requirements — which conscripted 18-year-olds to bear arms — to the conclusion that history offers no tradition of excluding young adults from Second Amendment protections.
- Florida will not appeal and will move to implement the ruling, effectively opening concealed carry eligibility to adults aged 18 to 20 who meet existing state requirements.
A Florida appeals court has unanimously struck down the state's ban on concealed carry for adults between 18 and 20, ruling that the age restriction violates the Second Amendment. The Fourth District Court of Appeals, writing through Judge Spencer D. Levine, found it constitutionally untenable that young adults may enlist and bear arms for the nation yet face severe limits on carrying firearms for personal self-defense. "Restricting 18- to 20-year-olds from rights to self-defense would make the Second Amendment a 'second-class' right," Levine wrote.
The case arose from the 2024 arrest of Jaylen Eubanks, then 18, who was found with an unholstered firearm and charged with carrying a concealed weapon. After a trial court rejected his constitutional challenge, the appellate panel reversed, citing Supreme Court precedents in Heller, Bruen, and Rahimi, as well as founding-era militia laws that required 18-year-olds to serve while armed. The court concluded that history offered no tradition supporting the exclusion of young adults from Second Amendment protections — and that Florida's public safety rationale, rooted in the 2018 Parkland shooting, could not substitute for such a tradition.
Florida Attorney General James Uthmeier had already declined to defend the law, and following the ruling announced the state would not seek further review. Eubanks' concealed-carry conviction was reversed, and Florida will now work to implement the court's order — opening the door for 18-to-20-year-olds to legally carry concealed firearms statewide, provided they meet existing requirements.
A Florida appeals court has struck down the state's ban on concealed carry for adults between 18 and 20 years old, ruling unanimously that the age restriction violates the Second Amendment. The decision, handed down Wednesday by the Fourth District Court of Appeals, found that young adults are entitled to the same constitutional gun protections as their older counterparts.
The three-judge panel, writing through Judge Spencer D. Levine, centered its reasoning on a fundamental inconsistency in state law. Eighteen-year-olds can enlist in the military and bear arms in defense of the nation without restriction, the court noted, yet face severe limitations on their ability to carry firearms for self-defense at home. "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. The court found this disparity untenable under the Constitution.
The case originated with the 2024 arrest of Jaylen Eubanks, who was 18 at the time. Police responding to a report of someone displaying a handgun found Eubanks with an unholstered firearm at his waist. He was charged with carrying a concealed firearm and improper exhibition of a firearm. Eubanks challenged the concealed-carry charge, arguing that Florida's age restriction violated his Second Amendment rights. A trial court rejected his argument, but the appellate panel reversed that decision.
In reaching its conclusion, the court drew on recent Supreme Court precedent, including the landmark Heller decision and the more recent Bruen and Rahimi rulings. The panel also examined founding-era militia laws, which required 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 Florida's argument that concerns about firearm misuse among younger adults justified the restriction, saying the state failed to identify any historical tradition supporting the law.
The restriction itself was enacted in response to the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, where 17 people were killed. That tragedy prompted lawmakers to impose the age limit as a public safety measure. However, the court found that 18- to 20-year-olds could not be treated the same as categories historically subject to firearm restrictions, such as felons or individuals with serious mental illness.
Florida Attorney General James Uthmeier declined to defend the law earlier this year, signaling the state's shift in position. Following the court's ruling, Uthmeier announced that Florida would not seek further review and would work with the 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," he wrote.
The court reversed Eubanks' concealed-carry conviction and remanded the case for further proceedings. The ruling now opens the door for adults aged 18 to 20 to legally carry concealed firearms in Florida, provided they meet other state requirements for gun ownership.
Notable Quotes
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, Fourth District Court of Appeals
We will not seek further review and will work with the Florida Department of Agriculture and Consumer Services to implement the court's order— Florida Attorney General James Uthmeier
The Hearth Conversation Another angle on the story
Why did the court see this as a constitutional problem rather than a reasonable public safety measure?
Because the court found an internal contradiction in how Florida treats 18-year-olds. The state trusts them with military weapons but denies them civilian self-defense rights. That inconsistency, under recent Supreme Court precedent, became hard to justify.
What role did the founding era play in the decision?
The court looked at militia laws from that period and found that 18-year-olds were actually required to serve and bear arms. That historical practice undercut Florida's argument that age restrictions have deep roots in American tradition.
Did the Parkland shooting factor into the court's thinking at all?
The court acknowledged the law was enacted after Parkland, but said that a tragic event alone doesn't create the kind of historical tradition the Supreme Court now requires to justify gun restrictions. Public safety concerns weren't enough without that historical foundation.
What happens to Jaylen Eubanks now?
His conviction is reversed. The case goes back to the lower court for further proceedings, but the concealed-carry charge itself is no longer viable under this ruling.
Why did the Attorney General decline to defend the law?
That's a significant signal. It suggests the state's legal team believed the law was vulnerable under current constitutional doctrine. Rather than fight a losing battle, they conceded the point.
What's the practical effect of this ruling?
Adults 18 to 20 in Florida can now legally carry concealed firearms, assuming they meet other eligibility requirements. The state will implement the order without appealing further.