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Florida’s Fourth District Court of Appeal just handed gun owners a clear victory. In Eubanks v. State the panel struck down Florida’s ban on 18‑ to 20‑year‑olds getting the same concealed‑carry license other adults can obtain. The court vacated the conviction, reversed the lower court, and sent the case back with firm instructions — and that should wake up anyone who still thinks age‑based bans make sense.
What the Court Said
Eubanks v. State: The Ruling
The three‑judge panel, led by Judge Spencer D. Levine, concluded that the statute barring 18‑ to 20‑year‑olds from concealed carry is unconstitutional under the Supreme Court’s Bruen framework. Judge Levine didn’t mince words: restricting these adults “would make the Second Amendment a ‘second‑class’ right.” The court vacated the defendant’s concealed‑carry conviction and remanded the case, making clear this is a controlling decision for Florida unless a higher court steps in.
Bruen and the Legal Reasoning
The appeals court followed the two‑step Bruen approach: first, decide whether the Second Amendment’s plain text covers the conduct — here, public carry by law‑abiding adults — and second, see if the government has a historical tradition to justify the regulation. The panel found no adequate historical analogue to sustain a categorical, age‑based ban on concealed carry for adults, echoing other post‑Bruen rulings like Worth and Lara. In plain English: if you’re an adult for military service and many other laws, you’re an adult for the Second Amendment too.
State Officials Split and What Comes Next
Don’t expect this to settle quietly. Florida Attorney General James Uthmeier declined to defend the law on appeal and said his office won’t seek further review, while the Broward State Attorney tried to step in to defend the statute. The opinion itself notes it isn’t final until any rehearing motion is resolved, so there’s a window for more filings — but the AG’s public position signals the state’s executive branch isn’t fighting this one. Practically speaking, the Department of Agriculture and Consumer Services will need to update licensing rules if the decision stands.
Why This Matters for Floridians and the Second Amendment
This ruling matters because it’s part of a broader post‑Bruen wave pushing back on arbitrary restrictions that single out certain adults. If courts keep applying Bruen’s history‑and‑tradition test sensibly, state laws that pick winners and losers among adults won’t survive. Conservatives should be glad to see courts defend equal rights under the Second Amendment, and everyone who believes in fair, consistent law should pay attention. The Left’s reflexive impulse to carve out exceptions for the right to self‑defense just ran headlong into constitutional reality — and lost this round.
