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On October 24, 2025, a Broward County circuit judge ruled that Florida’s statutory bar on concealed carry by 18–20-year-olds is unconstitutional under the Second Amendment. The court dismissed the concealed-carry charge against a 19-year-old defendant after applying the Supreme Court’s Bruen “history and tradition” test. While the ruling is from a trial court and applies to the case before it, it’s a significant development in Florida firearms law—especially coming on the heels of the First DCA’s decision striking down Florida’s open-carry ban
Most of the information about this ruling comes from news reporting on from south Florida, but the point is clear, proponents of a more expansive 2nd Amendment interpretation are considering this a win.
CNN has reported that the court concluded that Florida’s ban on concealed carry by 18–20-year-olds “strips a class of legal adults of their ability to exercise the very right the Constitution guarantees,” and that the State failed to identify Founding-era regulations with a comparable burden on that age group. The ruling follows the Supreme Court’s framework in New York State Rifle & Pistol Ass’n v. Bruen (2022), which requires modern gun restrictions to align with the Nation’s historical tradition of firearm regulation
What this means right now
If you think what is happening in Broward is making this clear right now, you are wrong. This Court’s ruling is not controlling with other courts, so a similar factual circumstance in front of another judge could result in the exact opposite ruling. A circuit court order is not statewide precedent. It resolves the case before that judge and is persuasive—not binding—on other courts. Expect additional litigation and likely appellate review.
- Interaction with open carry: After the First DCA’s September 2025 decision and AG guidance, open carry is presently treated as lawful for eligible adults, with important limits. The new Broward ruling concerns concealed carry by 18–20-year-olds and pushes in the same “history-and-tradition” direction.
- Sensitive places and conduct rules still apply: Even if you can carry, you cannot do so in restricted locations or in a threatening manner. Exhibiting a firearm “in a rude, careless, angry, or threatening manner” remains a crime under § 790.10, Fla. Stat.
- Open carry vs. concealed carry. After McDaniels (1st DCA) and AG guidance, open carry is being treated as lawful for eligible adults; however, businesses can lawfully prohibit firearms on private property and ask you to leave (trespass rules apply).
Relevant Florida Statutes
- Concealed carry (permitless/“constitutional carry”) — Florida allows concealed carry without a license for eligible persons, but since 2023 has effectively imported eligibility criteria (including age 21) from the licensing statute. See § 790.01(1), Fla. Stat. (unlicensed carrying) which incorporates criteria from § 790.06(2) (the licensing statute), including § 790.06(2)(b) (age 21). The trial court’s ruling targets this age-21 limit as applied to 18–20-year-olds.
- Open carry ban (now unconstitutional) — § 790.053, Fla. Stat. (open carry) was struck down by the First District Court of Appeal on September 10, 2025, and the Attorney General directed non-enforcement statewide. This makes open carry lawful for eligible adults, subject to long-standing location limits and other laws.
- Sensitive-place restrictions (still in force) — Regardless of concealed or open carry, Florida maintains no-carry zones (e.g., courthouses, polling places, school property) under § 790.06(12), Fla. Stat. That section was not affected by these rulings.
Why Retaining an Attorney Matters
Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Bradford County, Levy County, Gilchrist County, and surrounding areas of north Florida. If you need help for yourself or a loved one, contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW
If you’re accused of any criminal matter, retaining an attorney is critical to protecting your rights. These cases will involve constitutional questions and concern allegations of misconduct or are sensitive in nature, requiring a skill, preparation and experience. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.