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

Friday, January 31, 2025

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.

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Monday, February 2, 2026

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NRA Announces Third Lawsuit Challenging the National Firearms Act

Thursday, February 26, 2026

NRA Announces Third Lawsuit Challenging the National Firearms Act

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Tuesday, February 17, 2026

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Tuesday, January 27, 2026

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Connecticut’s “Convertible Pistol” Ban Picks up Where California’s Overreach Left Off

News  

Monday, February 23, 2026

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Minnesota: Gun Control Bills Stall in Committee

Wednesday, February 25, 2026

Minnesota: Gun Control Bills Stall in Committee

Following committee votes on Tuesday, February 24th, and Wednesday, February 25th, many of the most egregious gun controls bills in the legislature have stalled and may not receive further action this session.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Kansas: Hearing on State-Level Suppressor Bill Next Week

Friday, February 27, 2026

Kansas: Hearing on State-Level Suppressor Bill Next Week

On Monday, March 2nd, the Senate Federal and State Affairs committee will hold a hearing on Senate Bill 503, removing suppressors and short-barreled firearms from the controlled weapons list at the state level. 

California: Lawmakers Introduce New Bill that Would Censor Private 3-D Printers

Tuesday, February 24, 2026

California: Lawmakers Introduce New Bill that Would Censor Private 3-D Printers

Last week marked the deadline for bill introductions in the California Legislature. As we anticipated in our previous alert, anti-gun lawmakers used this opportunity to file additional measures aimed at further restricting the rights of ...

Oregon: Ballot Measure 114 Override Bill Passes House

Wednesday, February 25, 2026

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.