Skip to main content
Florida Constitutional Carry: What's Next
NEWS
3 min read

Florida Constitutional Carry: What's Next

Florida's House passed HB 133 to drop the long gun purchase age back to 18—but the Senate hasn't filed a companion bill, same as the last three sessions.

Steve DuskettFebruary 22, 2026
Last edited
Photo by DXR / CC BY-SA 4.0
Article Info

Florida Gun Rights: 2026 Session

LegislationDeveloping
Florida Gun Rights: 2026 Session

Photo by DXR (CC BY-SA 4.0)

Scope
JurisdictionFlorida
Impactstate
Key Entities
HB 133 sponsorRep. Tyler Sirois (R-Merritt Island)
Lead opponentRep. Robin Bartleman (D-Weston)
Announced he will not defend the 21-year age minimum if challenged at SCOTUSAG James Uthmeier
Signed constitutional carry into law (2023); supports age rollbackGov. Ron DeSantis
Legal Issues
  • Minimum purchase age for long guns under state law
  • Constitutional carry / permitless carry framework
  • Second Amendment challenge to Marjory Stoneman Douglas age restriction
What It Means
  • Constitutional carry and open carry are already settled Florida law—no permit needed to carry
  • If HB 133 passes, 18-year-olds could legally purchase rifles again for the first time since 2018
  • Senate inaction means the House vote is likely symbolic for a fourth consecutive session
  • AG's refusal to defend the age law could open the door to a successful SCOTUS challenge even without legislative action
Timeline
February 2018Florida raised long gun purchase age to 21 after Parkland shooting
July 1, 2023Florida constitutional carry (permitless concealed carry) took effect
2025Florida enacted open carry
January 15, 2026Florida House passed HB 133, 74-37, to lower long gun age back to 18
Related Laws
  • Marjory Stoneman Douglas High School Public Safety Act (2018)
  • Florida SB 264 — Constitutional Carry (2023)
  • Florida HB 133 — Long Gun Age (2026)

Florida Constitutional Carry: What's Next

Florida's permitless carry is law—now the Legislature is pushing further on gun rights.

From The Boise Gun Club Handbook

Florida's constitutional carry law has been on the books since July 2023, and the Legislature isn't done pushing.

The big picture: Florida has fundamentally reshaped its gun law landscape over the past three years. Constitutional carry took effect in July 2023 after DeSantis signed SB 264. Open carry followed in 2025, making Florida one of the later permitless carry states to add it. Together, those two laws put Florida firmly in the camp of states with the broadest public carry rights in the country—and the 2026 session signals Tallahassee still has appetite for more.

The most visible move this session: the Florida House passed HB 133 on a 74-37 vote, which would drop the minimum age to buy rifles and other long guns from 21 back to 18. That age was raised to 21 in 2018 as part of the Marjory Stoneman Douglas High School Public Safety Act, passed in the immediate aftermath of the Parkland shooting that killed 17 people.

The intrigue: The House has now passed this rollback four sessions in a row—and the Senate has ignored it every single time.

  • Without a Senate companion bill, HB 133 almost certainly dies before it reaches Gov. DeSantis's desk.
  • No companion bill has been filed this session either, continuing the pattern since 2023.

The floor debate covered familiar ground. Rep. Robin Bartleman (D-Weston) tied the age bill directly to constitutional carry, pointing out that Florida already has , no training requirement, no storage mandate, and now open carry—meaning an 18-year-old could legally walk around with an on their back under current law. Rep. Tyler Sirois (R-Merritt Island), the bill's sponsor, framed it differently: the 2018 age restriction was a reaction to tragedy, not constitutional policy, and 18-year-olds who are legally adults shouldn't be denied a right the Constitution protects.

What they're saying: Attorney General James Uthmeier announced he would not defend the 21-year minimum age law if the NRA takes a challenge to the Supreme Court—an unusual stance that signals where Florida's executive branch stands even when the Senate won't act.

What to watch: Two tracks could move this issue forward regardless of whether the Senate acts.

  • If the Senate stays quiet, this becomes the fifth consecutive session where the House passed age rollback legislation that died without a floor vote in the upper chamber.
  • If the NRA petitions for cert on the Parkland-era age law, Florida's AG has already said he won't defend it—which could produce a federal ruling that makes the Senate's inaction moot entirely.

The bottom line: Florida's constitutional carry framework is settled law. The open question heading into the rest of 2026 is whether the Senate finally moves on long gun age—or whether the courts get there first.

Go deeper:

#
#
Join the discussion on Campfire
Was this article helpful?

Loading comments...