Court CONFIRMS Handgun Bans Are Illegal: Here’s What’s Next

The 5th Circuit Court of Appeals has struck down a decades-old federal ban on handgun sales to young adults, declaring it unconstitutional and sparking a renewed debate on gun rights.

At a Glance

  • The 5th Circuit Court ruled unanimously that the federal ban on handgun sales to adults under 21 violates the Second Amendment
  • The decision challenges a provision of the Gun Control Act of 1968
  • The court rejected arguments that 18-to-20-year-olds are not part of “the people” protected by the Second Amendment
  • Historical evidence, including the 1792 Militia Act, supports including young adults in Second Amendment protections
  • The ruling aligns with recent Supreme Court decisions on gun rights

Court Overturns Long-Standing Gun Law

In a landmark decision, the U.S. Court of Appeals for the 5th Circuit has ruled that the federal ban on handgun sales to adults younger than 21 is unconstitutional. The unanimous ruling in the case of Reese v. ATF challenges a key provision of the Gun Control Act of 1968, which has long prohibited federally licensed firearm dealers from selling handguns to individuals under 21.

The court’s decision follows the Supreme Court’s clarification of the constitutional test for gun control laws in New York State Rifle & Pistol Association v. Bruen. This ruling emphasizes that gun control measures must be consistent with the nation’s historical tradition of firearm regulation, a standard the government failed to meet in defending the age restriction.

Judge Edith Jones, writing for the court, noted that the Second Amendment lacks a minimum age requirement, unlike other constitutional provisions. The court relied heavily on historical evidence, including the 1792 Militia Act, to support the inclusion of 18-to-20-year-olds in the Second Amendment’s protections.

“There are no age or maturity restrictions in the plain text of the Amendment, as there are in other constitutional provisions,” Judge Edith Jones said.

The court emphasized that during the Founding Era, there were no significant laws restricting firearm purchases by 18- to 20-year-olds. In fact, young individuals were expected to maintain peace and serve in militias, further supporting their inclusion in Second Amendment protections.

Implications and Reactions

The ruling has been hailed as a significant victory by gun rights advocates. Brandon Combs, President of the Firearms Policy Coalition, one of the plaintiffs in the case, expressed satisfaction with the outcome.

“Today’s ruling is yet another critical FPC win against an immoral and unconstitutional age-based gun ban. We look forward to restoring the Second Amendment rights of all peaceable adults throughout the United States,” Brandon Combs said.

The decision could have far-reaching implications for gun laws across the country. It follows similar rulings in other circuits, including a 2021 decision by the 4th Circuit that was later vacated after the plaintiff turned 21. The 9th Circuit is also reconsidering a similar case, Jones v. Bonta, in light of recent Supreme Court decisions.

The 5th Circuit’s ruling sets the stage for potential Supreme Court intervention, especially if other circuits reach conflicting decisions.

Could this go nationwide next?