Federal court: Law banning handgun sales to those under 21 is unconstitutional
Although federal law allows 18-year-olds to possess handguns, licensed firearm dealers may not sell a pistol to anyone who is under 21.
Yet in a move that left Republicans celebrating, a court has just ruled that the ban on young adults buying handguns is unconstitutional.
Plaintiffs cite 2022 Supreme Court case
According to Breitbart, that decision came down on Thursday from the United States Court of Appeals for the Fifth Circuit in Reese v. ATF.
The case was brought by the Second Amendment Foundation, the Firearms Policy Coalition, the Louisiana Shooting Association, as well as individuals Emily Naquin and Caleb Reese.
The plaintiffs argued that the Supreme Court's 2022 holding in New York State Rifle & Pistol Association v. Bruen requires the prohibition on gun purchases by those between 18 and 21 to face strict scrutiny.
That argument was met with approval from members of a three judge panel, with all of them being appointed by Republican presidents.
Their unanimous opinion was authored by Judge Edith Hollan Jones, a Ronald Reagan appointee, and it reversed the judgment of the United States District Court for the Western District of Louisiana.
Judge: 18-to-20-year-olds are among "the people"
"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," Breitbart quoted Jones as writing.
"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, and its 19th century evidence 'cannot provide much insight into the meaning of the Second Amendment when it contradicts earlier evidence,'" she continued.
FPC WIN: FIFTH CIRCUIT STRIKES DOWN FEDERAL 18-20 HANDGUN PURCHASE BAN https://t.co/wVov0A35IF pic.twitter.com/c6ZpoqJjyW
— Firearms Policy Coalition (@gunpolicy) January 30, 2025
"In sum…[statues which prohibit Federal Firearms Licensees]…from selling or delivering handguns to adults under the age of twenty-one and their attendant regulations are unconstitutional in light of our Nation’s historic tradition of firearm regulation," the judge went on to add.
Pro-gun group welcomes ruling
Alan Gottlieb is founder and executive vice president of the Second Amendment Foundation, and Breitbart noted that he issued a statement cheering this week's decision.
"We have always maintained that young adults, who can vote, join the military, get married, enter into contracts and even run for office can also enjoy the full rights of citizenship which includes rights guaranteed by the Second Amendment," Gottlieb pointed out.
"If we can trust young adults to defend our country, we can certainly trust them to own any and all legal firearms," the activist added.