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Home » Fifth Circuit Strikes Down Federal Handgun Sales Ban for 18-to-20-Year-Olds

Fifth Circuit Strikes Down Federal Handgun Sales Ban for 18-to-20-Year-Olds

Adam Green By Adam Green January 31, 2025 4 Min Read
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Fifth Circuit Strikes Down Federal Handgun Sales Ban for 18-to-20-Year-Olds

NEW ORLEANS, LA — In a landmark ruling, the U.S. Court of Appeals for the Fifth Circuit has struck down a federal law prohibiting licensed gun dealers from selling handguns to 18-to-20-year-old adults, declaring it unconstitutional under the Second Amendment. The decision, issued on January 30, 2025, reverses a lower court ruling and represents a major victory for gun rights advocates.

The Case and Legal Challenge

The case, Caleb Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, challenged the federal law found in 18 U.S.C. §§ 922(b)(1) and (c)(1), which has long prohibited Federal Firearms Licensees (FFLs) from selling handguns to adults under 21. The plaintiffs, including individual young adults and gun rights organizations such as the Firearms Policy Coalition and the Second Amendment Foundation, argued that these restrictions violated their constitutional right to keep and bear arms.

Initially, a district court upheld the restrictions, citing historical regulations and prior case law. However, the Fifth Circuit disagreed, ruling that the ban failed to align with the Second Amendment and the historical tradition of firearm regulation, as clarified by the Supreme Court’s New York State Rifle & Pistol Association v. Bruen (2022) and United States v. Rahimi (2024) decisions.

Court’s Reasoning: 18-Year-Olds Have Second Amendment Rights

Writing for the court, Judge Edith H. Jones emphasized that the Second Amendment applies to all law-abiding adult citizens, including those aged 18 to 20. The ruling noted that at the time of the Founding, 18-year-olds were not only considered part of “the people” but were also required to own firearms for militia service under the Militia Act of 1792. The court also pointed out that the federal government failed to provide sufficient historical evidence justifying a restriction of this kind.

“The Second Amendment protects the rights of 18-to-20-year-olds to keep and bear arms, and the federal government has failed to establish a historical tradition that would support restricting handgun sales to this age group,” the opinion stated.

The court rejected the argument that 18-to-20-year-olds are not fully covered by the Second Amendment due to their legal status as “minors” under historical common law. It also dismissed the notion that 19th-century firearm regulations—many of which emerged after the Civil War—could override the clear understanding of gun rights at the Founding.

Impact and Next Steps

This ruling strikes down the federal prohibition on licensed handgun sales to 18-to-20-year-olds within the Fifth Circuit, which covers Texas, Louisiana, and Mississippi. However, the decision could be appealed to the U.S. Supreme Court, setting the stage for a broader national ruling on the issue.

For now, unless the ruling is stayed, FFLs in the Fifth Circuit states could soon be legally permitted to sell handguns to adults aged 18 to 20. This decision also raises questions about state-level handgun purchase bans that apply to the same age group.

Self-Defense Perspective

This ruling reinforces the constitutional principle that law-abiding adults have the right to armed self-defense. While 18-to-20-year-olds have long been able to own, possess, and carry handguns under federal law, this decision ensures they are no longer arbitrarily restricted from purchasing them through legal channels. Restricting access to handguns through licensed dealers while allowing private sales was an illogical gap in the law—one that this ruling corrects.

As always, responsible gun ownership and proper training remain critical, regardless of age. Young adults seeking to purchase and carry firearms should take the time to learn about gun safety, self-defense laws, and proper handling to ensure they exercise their rights safely and responsibly.

Read the full article here

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