Florida Appeals Court Strikes Down Ban on Concealed Carry by 18- to 20-Year-Old Adults
Florida Ruling Expands Second Amendment Rights for Young Adults While Purchase Restrictions Remain in Effect
By Scott Maurano
Senior Investigative Journalist
On Target News Desk
Published: July 1, 2026
Estimated Reading Time: 8 minutes
Executive Summary
A Florida appellate court has ruled that the state's prohibition on concealed carry by law-abiding adults between the ages of 18 and 20 violates the Second Amendment, marking a significant victory for gun rights advocates.
The decision creates an important distinction in Florida firearm law. While the court determined that adults 18 to 20 cannot be barred from carrying concealed firearms solely because of their age, Florida's separate law prohibiting firearm purchases by individuals under 21 remains in effect after being upheld by the U.S. Court of Appeals for the Eleventh Circuit earlier this year.
The ruling means many young adults may now legally carry concealed firearms under Florida's permitless carry law, even though they generally cannot purchase a firearm from a licensed dealer until age 21.
The Story
In a unanimous decision, Florida's Fourth District Court of Appeal ruled that the state's age-based prohibition on concealed carry for adults ages 18 through 20 is unconstitutional under the Second Amendment.
The case arose after an 18-year-old defendant challenged criminal charges for carrying a concealed firearm, arguing that Florida's age restriction violated the constitutional right to keep and bear arms.
The appellate court agreed.
Relying heavily on the U.S. Supreme Court's decisions in District of Columbia v. Heller, New York State Rifle & Pistol Association v. Bruen, and United States v. Rahimi, the court concluded that adults between 18 and 20 are unquestionably part of "the people" protected by the Second Amendment.
The court further held that Florida failed to demonstrate a historical tradition of firearm regulation that would justify denying otherwise law-abiding adults the ability to carry firearms for self-defense based solely on age.
Florida Attorney General James Uthmeier declined to defend the law and announced the state would not seek further appellate review, allowing the decision to take effect.
Background
Following the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida lawmakers enacted sweeping firearm legislation.
Among other provisions, the legislation:
Raised the minimum age to purchase firearms from 18 to 21.
Restricted concealed carry licensing for individuals under 21.
Expanded waiting periods and other public safety measures.
Florida later adopted permitless concealed carry in 2023, eliminating the requirement that most lawful adults obtain a concealed weapons license before carrying a concealed handgun. However, the statute continued to prohibit most adults under 21 from carrying concealed firearms.
Legal Analysis
The appellate court's opinion closely follows the framework established by the U.S. Supreme Court in Bruen.
Under Bruen, once conduct falls within the plain text of the Second Amendment, the government bears the burden of proving that the challenged restriction is consistent with the Nation's historical tradition of firearm regulation.
The court determined:
Adults ages 18 to 20 are members of "the people."
Carrying firearms for self-defense is protected conduct.
Florida failed to identify a sufficient historical analogue supporting an age-based carry ban.
The court also observed that many Founding-era militia laws required 18-year-olds to possess and carry firearms in service of the nation, undermining the state's argument that young adults historically lacked Second Amendment protections.
What Changed
Before this decision:
Adults under 21 generally could not legally carry concealed firearms in Florida.
After the ruling:
Law-abiding adults between 18 and 20 are no longer categorically prohibited from carrying concealed firearms based solely on age, subject to any remaining applicable legal requirements and disqualifications.
Previous Law
Florida previously prohibited most individuals under the age of 21 from:
Obtaining a concealed weapons license.
Lawfully carrying concealed firearms.
These restrictions remained even after Florida adopted permitless concealed carry.
Current Law
An important legal distinction now exists in Florida.
Concealed Carry
According to the appellate court's ruling, adults ages 18 through 20 may not be denied the right to carry concealed firearms solely because of their age.
Firearm Purchases
However, Florida's prohibition on firearm purchases by individuals under 21 remains in effect.
Earlier in 2025, the Eleventh Circuit, sitting en banc, upheld the constitutionality of Florida's law prohibiting firearm purchases by persons under age 21 in National Rifle Association v. Bondi. The court concluded the restriction is consistent with the nation's historical tradition of firearm regulation.
Thus, an 18- to 20-year-old adult may be permitted to carry a firearm yet still be prohibited from purchasing one from a licensed dealer under current Florida law.
Who Is Affected
The decision directly affects:
Adults ages 18 through 20
Law enforcement agencies
Criminal prosecutions involving age-based concealed carry charges
Firearms instructors
Attorneys handling Second Amendment litigation
Firearm dealers should note that the ruling does not invalidate Florida's under-21 firearm purchase restriction.
Impact on Florida Gun Owners
For many young adults, this decision restores the ability to exercise the right to armed self-defense recognized in Heller and expanded in Bruen.
However, practical limitations remain. Because Florida's purchase restriction survives, many individuals between 18 and 20 will continue to face legal hurdles in acquiring firearms through licensed dealers.
Impact on Firearms Dealers
Federal Firearms Licensees (FFLs) should not interpret the concealed carry decision as authorization to sell firearms to customers under 21.
The Eleventh Circuit's decision upholding Florida's purchase ban remains controlling law unless reversed by the U.S. Supreme Court or changed by the Florida Legislature.
What Happens Next
Although the concealed carry ruling appears likely to stand because the Attorney General has declined further review, broader litigation involving firearm rights for 18- to 20-year-olds continues nationwide.
Federal appellate courts remain divided over age-based firearm restrictions, making future U.S. Supreme Court review possible in another case.
Reader Resource
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Sources
Florida Fourth District Court of Appeal decision regarding concealed carry restrictions for adults ages 18-20.
National Rifle Association v. Bondi, U.S. Court of Appeals for the Eleventh Circuit (en banc).
Florida Statutes, Chapter 790 (Weapons and Firearms).
District of Columbia v. Heller.
New York State Rifle & Pistol Association v. Bruen.
United States v. Rahimi.
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