Appeals court strikes down below-21 handgun ban

By 
 January 31, 2025

A federal appeals court struck down a ban on selling handguns to people between the ages of 18 and 20.

The ruling from the U.S. Court of Appeals for the Fifth Circuit in New Orleans found that there was "scant evidence" that similar regulations existed at the time of the nation's founding.

It's the latest victory for gun rights since the Supreme Court raised the bar for gun regulation in 2022. The landmark Bruen ruling requires gun control to be rooted in the nation's "historical tradition" instead of desired policy outcomes.

Court overturns gun ban

The Biden administration defended a 1968 law that bars the sale of handguns at federally licensed dealers to those below age 21. A three-judge panel rejected the government's arguments unanimously, finding "scant evidence" tying the ban to historical tradition.

"Ultimately, the text of the Second Amendment includes eighteen-to twenty-year-old individuals among 'the people' whose right to keep and bear arms is protected," the court wrote.

“The federal government has presented scant evidence that eighteen-to-twenty-year-olds’ firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban."

The Biden administration pointed to limitations on the civic rights of young people at the time of the Founding, such as restrictions on voting. However, the court found no historical evidence to support age limitations on the right to bear arms.

"There are no age or maturity restrictions in the plain text of the [Second] Amendment, as there are in other constitutional provisions," the court wrote.

The court also pointed to a founding-era law that required all white men above 18 to join the militia.

"Eighteen-to twenty-year-olds therefore must be covered by the plain text of the Second Amendment, as they were compulsorily enrolled in the regiments that the Amendment was written to protect," the court wrote.

Gun control group reacts

One of the groups that fought to overturn the ban, the Firearms Policy Coalition, celebrated the court's decision.

"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,” Firearms Policy Coalition President Brandon Combs said in a statement.

On the other hand, gun control groups claimed the ruling would place lives at risk.

"This dangerous decision will put more guns in the hands of teenagers — endangering lives,” the group Brady: United Against Gun Violence wrote on X.

“We are ready to fight back.”

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson