Fifth Circuit Court of Appeals Strikes Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Yesterday, the Fifth Circuit Court of Appeals held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

Applying the text-and-history test for Second Amendment cases set forth in NYSRPA v. Bruen, the Fifth Circuit began its analysis by considering whether the regulated conduct is covered by the Second Amendment’s plain text. First, the court concluded that “the right to ‘keep and bear arms’ surely implies the right to purchase them.” Next, the court determined that 18-to-20-year-olds are among “the people” protected by the Amendment because “There are no age or maturity restrictions in the plain text of the Amendment” and because 18-to-20-year-olds were traditionally required to provide their own arms for service in the militia and posse comitatus.

Since the plain text covers the purchase of handguns by 18-to-20-year-olds, the court next considered whether the federal prohibition is consistent with America’s historical tradition of firearm regulation. The court concluded that it is not. During the founding era, as noted above, 18-to-20-year-olds were required to acquire and possess firearms. And no founding-era law forbade them from doing so. Rather, regulations limiting the ability of 18-to-20-year-olds to acquire arms were first enacted in the latter half of the nineteenth century, which is too late to establish a historical tradition. Therefore, the court held, the federal laws prohibiting FFL sales to 18-to-20-year-olds violate the Second Amendment.

The court cited law review articles published by ILA’s Director of Litigation Counsel, Joseph Greenlee—which were coauthored with David Kopel—five times in determining that 18-to-20-year-olds are among “the people” and were protected by the Second Amendment at the time of our nation’s founding. 

The case, Reese v. Bureau of Alcohol, Tobacco, Firearms and Explosives, was brought by Caleb Reese, Firearms Policy Coalition, Second Amendment Foundation, Louisiana Shooting Association, and Emily Naquin.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.