Federal Handgun Ban for Under 21s Overturned by 5th Circuit Court

Wooden gavel resting on thick book

The 5th Circuit Court has upturned a long-standing federal law against handgun sales to individuals under 21, reshaping the national conversation on gun regulations.

Key Takeaways

  • The 5th Circuit Court ruled the federal handgun sales ban for those 18-20 unconstitutional.
  • The court found insufficient historical precedent for age-based restrictions.
  • The decision aligns with judicial reasoning from other circuits.
  • The ruling was seen as a victory for firearm rights advocates.
  • Critics express concerns over increased firearm access for young adults.

Landmark Decision from the 5th Circuit

A three-judge panel from the 5th US Circuit Court of Appeals delivered a unanimous verdict, ruling the federal ban on handgun sales to adults under 21 unconstitutional. This decision arose from Reese v. ATF, a case supported by the Firearms Policy Coalition, challenging the age-based gun restriction. The court reversed a prior district court judgment, stating the Second Amendment protects individuals aged 18-20 in their right to bear arms.

The ruling aligns with judicial logic seen in other circuits like the 4th and 9th, where similar age restriction issues have been contested. This judgment casts doubt on the age definitions established for decades, promoting a review of how age and constitutional rights intersect.

Historical and Constitutional Arguments

The court’s decision questioned the Biden administration’s defense of the ban, which argued it was aligned with historical firearm regulations. Judge Edith Jones, who authored the opinion, pointed out a lack of historical evidence to support the ban, emphasizing that the Second Amendment does not specify age restrictions. The 1792 Militia Act was cited to emphasize the inclusion of 18-to-20-year-olds within the Amendment’s protections.

“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.” – Judge Edith Jones

Critics argue that relaxing the ban could pose public safety challenges, noting the potential risk of increased firearm access for younger adults. The Department of Justice’s argument that 18-to-20-year-olds are not part of “the people” protected by the Second Amendment was firmly rejected.

Broader Repercussions and Responses

The ruling’s impact is significant, viewed as a victory by gun rights advocates like the Firearms Policy Coalition. Brandon Combs, President of the Firearms Policy Coalition, expressed optimism over the decision’s potential to restore Second Amendment rights comprehensively for all adults.

“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

This ruling, in conjunction with the Supreme Court’s recent requirements for gun control laws, insists on consistency with historical traditions. This reinforces the need to revisit how age-related gun control measures align with constitutional rights. As the national dialogue continues, both supporters and critics prepare for the ramifications of this substantial legal transition.

Sources

1. Federal court rules ban on handgun sales to adults under age 21 is unconstitutional

2. The 5th Circuit Says the Federal Ban on Handgun Sales to Young Adults Is Unconstitutional