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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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North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

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Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

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Argentina Continues to Move Towards Freedom

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Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

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Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

Ruger Next Target in Threat-Based Gun Control

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Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

Florida: Age Discrimination Bill Passes First Committee Hurdle

Wednesday, November 19, 2025

Florida: Age Discrimination Bill Passes First Committee Hurdle

Yesterday, the House Criminal Justice Subcommittee voted 11-5 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. HB 133 is expected to receive a hearing in the ...

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Monday, November 24, 2025

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Today, the National Rifle Association and the Independence Institute filed an amicus brief in Wolford v. Lopez, a case before the U.S. Supreme Court challenging Hawaii’s law that forbids carrying on private property open to the ...

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

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Monday, November 17, 2025

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

While decent Americans spent Veterans Day honoring the sacrifice of those who served the country and took an oath to “support and defend the Constitution of the United States,” the gun control radicals at Giffords ...

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

Missouri: Governor Signs Proclamation Recognizing Wild Game Meat Donation Month

Thursday, November 20, 2025

Missouri: Governor Signs Proclamation Recognizing Wild Game Meat Donation Month

Recently, Governor Mike Kehoe signed a proclamation designating November of 2025 as Wild Game Meat Donation Month in Missouri.

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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.