Staff Reports
Florida’s Fourth District Court of Appeal just did what common sense and the Constitution demanded: it threw out the state’s ban on concealed carry for 18- to 20-year-olds. In Eubanks v. Florida, a three-judge panel unanimously found the law unconstitutional as applied to law‑abiding young adults. If you think a man old enough to be drafted and serve on the front lines shouldn’t be trusted to defend himself in public, you’re in for a rude legal surprise.
What the Fourth DCA actually held
Judge Spencer D. Levine wrote the opinion for the panel that included Chief Judge Jeffrey T. Kuntz and Judge Shannon K. Shaw. Relying on the Supreme Court’s Bruen framework, the court concluded that excluding 18- to 20-year-olds from public concealed carry treats their Second Amendment rights as “second-class.” The panel said, plainly, “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.” That sharp line exposes the hypocrisy behind age-based public-carry bans.
Why this ruling matters for Second Amendment rights
This opinion is not a narrow technicality. It follows Bruen’s text-and-history test and rejects shaky historical analogies used to justify age-based exclusions from public carry. Florida has been through a sea change since Parkland — permitless-carry debates, purchase-age rules, and other reforms have shuffled the deck. The Fourth DCA’s ruling moves the law closer to treating the right to bear arms like the individual, equal right it is, and not a favor dispensed at the whim of bureaucrats.
The odd posture from the state and the next legal steps
One eyebrow-raising fact: Florida’s Solicitor General conceded the concealed-carry conviction should be reversed, and Attorney General James Uthmeier effectively let that concession stand. The Broward State Attorney, Harold F. Pryor, tried to weigh in to defend the statute, but the unusual split in state positions makes future review likely. Expect rehearing motions, possible en banc consideration, and a petition to the Florida Supreme Court. If conservatives want a clean win, they should be ready to defend the Fourth DCA’s reasoning in the higher courts.
Bottom line: common sense and the Constitution won a round
Call it what it is: the court restored a plain truth — adults who are part of the political community shouldn’t be treated as legal second‑class citizens when it comes to self-defense. Lawmakers who thought banning concealed carry for 18- to 20‑year‑olds was clever should rethink priorities. The fight isn’t over, but this decision is a strong reminder that rights don’t come with an arbitrary birthday attached. If Florida’s leaders want to keep public safety real, they’ll follow the court’s lead — and spare us another round of legal gymnastics that try to square the Constitution with political convenience.
