FLORIDA FIREARMS – Law, Use & Ownership

SECOND AMENDMENT GUN PURCHASES BY 18-20 YEAR OLDS IN FLORIDA

I recently read a post on Facebook espousing that 18-20 year olds should be able to purchase firearms in Florida under the Second Amendment, and that delays were not to be tolerated. My answer to that is “probably not”. Why?

Well, the recent Florida appellate decision in Eubanks v. State, decided on June 17, 2026, by the Fourth District Court of Appeal held that 18 – 20 year olds were “adults” under the Second Amendment, and therefore should have the same Second Amendment protections that all adults in Florida have. Since Florida law says you can carry concealed without a CWL as long as you could obtain a CWL if you wanted one – the section of Florida Statute 790.06 that limited the license to only those who had reached the age of 21 was unconstitutional under the Second Amendment because it denied a class of adults the same rights every other adult had regarding firearm possession. That is now the law of the State of Florida unless another Florida District Court disagrees, although that is highly doubtful while Florida Attorney General James Uthmeier is in office as he has publicly stated that the State agrees with the Eubanks decision and would not appeal the ruling.

But, how it will actually work is yet to be determined other than 18-20 year olds now fit the statutory definition of persons “qualified” for the CWL, and therefore can legally carry concealed in Florida — but since you still need the actual CWL to avoid certain legal “quirks” under Florida law — I think those quirks would apply to all individuals who don’t obtain the actual license, and that includes 18-20 year olds. Quite frankly, the only reason the Fourth District was able to declare the portion of the CWL statute unconstitutional for 18-20 year olds was the fact the Florida Legislature did away with the need for an actual CWL to carry concealed. If the State wanted to leave the Concealed Weapons License in place as the only legal means for the public to carry concealed in Florida – it would have withstood a Second Amendment challenge. Why?

Because “concealed carry” was never a historical precedent protected by the Second Amendment – as concealed carry was not favored back then, and was subject to regulation in Colonial times. That’s the current trigger for protection under the Second Amendment – a historical analogy allowing (ie: not regulating or prohibiting) firearm or other typical weapon use, ownership, or possession – during the Colonial Period.

So, while Eubanks decided that since 18-20 year olds are constitutionally “adults” under current law and practice – and therefore should have the same Second Amendment protections as all other “adults” in Florida – and since actually going to the trouble of getting a CWL entitles those with the license to avoid certain problems an otherwise “qualified person” might not enjoy – that is not something they can complain about since the same rules apply to all Florida adults! If you want to avoid the quirks – get the license!

Now of course, the Department of Agriculture is going to have to allow 18-20 year olds to obtain the actual CWL – otherwise it is a Second Amendment violation. Or, I guess Florida could go back to the old law where concealed was only allowed to actual CWL holders. But, I kind of doubt that would happen as it would require going backwards in a State not used to going backwards. Likewise, there needs to be a mechanism where 18-20 year olds can not only purchase long guns from a federally licensed dealer, but also pistols. Right now federal law allows long guns, but not pistols, and that will likely take a federal law suit and injunction to remedy. Also, I doubt BATFE or Florida has in place the mechanisms for purchase of even long guns, although I assume they are working on it, and Florida needs to repeal some statutes. So, the quagmire continues – at least temporarily – or until the State and Feds figure it all out from a regulatory standpoint. But, I think writing on that will have to wait. I’ve fried your brain enough for this article.