Florida Court Rulings Shake Up Gun Laws and Spur Calls for Legislative Action

Florida — Two major court decisions have thrown the state’s gun laws into turmoil, prompting activists and lawmakers to demand clarity from Tallahassee. The rulings struck down key firearm restrictions, challenging measures enacted after the 2018 Parkland school massacre.

In Broward County, Circuit Judge Frank Ledee ruled that Florida’s ban on concealed carry for residents under 21 is unconstitutional. His decision came in the case of 19-year-old Joel Walkes, convicted for carrying a concealed weapon. While state law allows 18- to 20-year-olds to own guns received as gifts, it bars them from carrying them in public. Ledee said this restriction violates the Second Amendment under the Supreme Court’s new “historical tradition” test for evaluating gun laws.

Ledee urged lawmakers to resolve inconsistencies through legislation, not the courts. “Distilling these inconsistencies…is best left to the wisdom of legislative debate,” he wrote.

Adding to the confusion, Florida’s First District Court of Appeal recently overturned the state’s long-standing ban on open carry. The case involved a man detained in Pensacola for publicly wearing a holstered pistol. The ruling effectively legalizes open carry, though restrictions remain on threatening behavior and certain public spaces.

The pair of decisions has energized gun-rights groups like Florida Carry, which argues that leaving “unconstitutional laws on the books creates nothing but confusion.” Advocates now want the Legislature to move quickly to rewrite statutes in line with court rulings.

Efforts to lower the gun-buying age from 21 to 18 have failed repeatedly in the state Senate. But with recent rulings and the U.S. Supreme Court’s expanding interpretation of the Second Amendment, momentum is shifting.

“I hope legislators finally see that the Second Amendment is not a second-class right,” said Sean Caranna of Florida Carry.