Florida concealed carry law violates 2nd Amendment, court rules * WorldNetDaily * by Joseph Buff, The Daily Signal
Florida concealed carry law violates 2nd Amendment, court rules
By Joseph Buff, The Daily Signal
A Florida law disqualifying 18- to 20-year-olds from legal concealed carry violated the Second Amendment, a Florida appeals court ruled Wednesday.
“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,” the three-judge panel stated in their opinion.
Police arrested 18-year-old Jaylen Tyrus Eubanks in 2024 for carrying a concealed firearm in violation of Florida law that restricts licensing provisions of concealed carry to eligible United States citizens 21 years or older.
A trial court denied Eubanks’ motion to dismiss the lawsuit, ruling that “licensing provisions for concealed carry are designed to ensure that only law abiding, responsible citizens are permitted to carry concealed firearms.”
Eubanks pleaded nolo contendere and appealed the court’s decision to deny dismissal, which was addressed by the Florida Fourth District Court of Appeal.
The state attorney’s office argued against the motion to dismiss, claiming there was “nothing inherently unconstitutional about requiring a person to qualify for a permit to carry a concealed firearm or carefully restricting a few citizens from carrying a concealed firearm because of a concern for the public safety.”
The state attorney’s office also claimed that the Founders defined adulthood as beginning at 21, not 18, and that 18-to-20-year-olds commit a disproportionate amount of firearm violence.
The appellate court acknowledged the Founders’ understanding of adulthood. However, the judges argued that courts should not restrict the understanding of “adults” to the Founders’ interpretation. Similarly, the courts do not restrict the understanding of “arms” to muskets or flintlock pistols, which is how “arms” would have been understood at the founding.
“The general understanding in our present world [is] that 18 is the age used to mark passage into adulthood,” the opinion reads.
The court also addressed the state attorney’s claim that 18-year-olds’ ability to conceal carry causes a “concern for the public safety.”
“No historical analogue presented would place 18- to 20-year-olds in the same category as felons, the mentally ill, or domestic violence offenders,” the judges stated.
The judges also cited the Militia Act of 1792, which stated that “all able-bodied men” were required to enroll in the militia “upon turning 18.”
Above these reasons, the court decided the ban clearly violated the Second Amendment.
“In this case, the inability of law-abiding adults aged 18 to 20 to use concealed carry available to all law-abiding adults 21 and older would certainly classify as a hindrance and, as such, an infringement of their Second Amendment rights,” the panel stated.
The court granted Eubanks’ motion to dismiss his conviction and declared the Florida rule unconstitutional.
Florida Gov. Ron DeSantis, a Republican, signed the law in April 2023 as part of an expansion of constitutional carry.
[Editor’s note: This story originally was published by The Daily Signal.]
Gun rights, Second AmendmentBadenoch blasts 'moaning' female Labour MPs over Burnham jobs 'quota'
Kemi Badenoch has told Labour women to earn a job in Andy Burnham's Cabinet instead of demanding they are handed jobs because of their gender.
The Tory leader lashed out today amid reports that female MPs are demanding the de-facto new prime minister introduce a 50:50 gender split 'quota' in his government.
Amid reports that former foreign secretary David Miliband is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister also complained that Burnham could not have 'more Milibands than women' in the top posts.
But in a scathing article in the Times today Mrs Badenoch told them to 'stop moaning' and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'.
'There are many, many reasons why you shouldn't have any Milibands in the cabinet,' she said.
'But complaining that the boys haven't given them the right jobs or that the boys are taking all the jobs, just shows that Labour's women still don't get it.'
The idea of quotas was also attacked by Baroness Jacqui Smith, Labour's Skills Minister.
Asked by Times Radio if Mr Burnham should reserve jobs for women, she said: 'No, I think what Andy Burnham should be doing is building the very best team around him to change this country.'
A letter written by the Women's Parliamentary Labour Party has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs
Amid reports that former foreign secretary David Miliband (above, right, in 2010) is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister complained that Burnham could not have 'more Milibands than women' in the top posts
But Mrs Badenoch told them to pipe down and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'
A letter written by the Women's Parliamentary Labour Party and seen by the BBC has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs after he succeeds Sir Keir Starmer.
'We are asking you to demonstrate this change from day one and address the toxicity and misogyny within our own party and government,' it said.
Labour has never had a female leader, while the Conservatives have had three, and Mrs Badenoch urged the government to follow its meritocratic example.
'If you run a meritocracy, then you do not have to worry about jobs for the boys,' she wrote.
'Every woman who is a Conservative MP, every woman who has ever won the leadership, has had to fight to get where she is.
'By contrast, Labour women are demanding guarantees from Burnham. But the truth is he doesn't have to give any guarantees.
'If none of Labour's women are prepared to get their hands dirty and challenge him for the leadership, their demands are toothless.'
'In fact, it's quite revealing that the women's parliamentary Labour Party has written to Burnham asking him to commit himself to at least 50 per cent female ministers.
'This has nothing to do with meritocracy. It is yet more of the failed identity politics that is holding back our country.'
