Broward Judge Rules Florida’s Concealed Carry Ban for Under 21 Unconstitutional
A Broward County judge has ruled that Florida’s law prohibiting individuals under the age of 21 from carrying concealed firearms is unconstitutional. This decision, delivered by Broward Circuit Judge Frank Ledee on Friday, effectively dismissed a case against Joel Andrew Walkes, a Fort Lauderdale resident who is set to turn 20 in December.
Judge Ledee stated that the restriction conflicts with the Second Amendment of the United States Constitution, which ensures the right to keep and bear arms. He highlighted that the law also contradicts other Florida statutes that allow for both concealed and open carry of firearms. The judge aligned with the defense’s argument that individuals who are 18 years old are recognized as adults in various legal contexts, such as voting, marriage, and military service.
“Because the Second Amendment’s plain text applies to the concealed carry of firearms, Florida’s concealed carry ban, as applied to eighteen-to-twenty-year-olds, is unconstitutional unless the State can affirmatively prove that the prohibition is consistent with this Nation’s historical tradition of firearm regulation,” Judge Ledee remarked. He concluded that the state had failed to provide sufficient evidence in Walkes’ case.
Public Defender Gordon Weekes, who represented Walkes, expressed appreciation for the court’s willingness to tackle the complex legal questions surrounding the Second Amendment. “This whole area of law around the Second Amendment is being developed. This is a valid question for us to address in court,” he stated.
The Broward State Attorney’s Office is currently reviewing the ruling, and a formal response has yet to be issued. Defense attorney Bill Gelin, present during the ruling, commented on the judge’s independence. “Judges make rulings independent of politics and based on the law,” Gelin noted. He further characterized Judge Ledee’s decision as “gutsy,” particularly in a region like Broward County, known for its politically liberal stance.
While the implications of this ruling remain uncertain, both Weekes and Bob Jarvis, a law professor at Nova Southeastern University, indicated that the ruling currently applies solely to the case of Walkes. They acknowledged the likelihood of an appeal that could clarify or potentially conflict with the views of other judges on similar issues.
The outcome of this case could have broader implications for concealed carry laws in Florida, particularly as it pertains to the rights of young adults. As legal experts and stakeholders assess the ruling, the evolving landscape of gun rights in the United States continues to ignite debate.
This story is still developing, and updates will be provided as more details emerge. For direct news alerts, subscriptions are available for those interested in staying informed on this and other significant legal matters.
