In Reese v. ATF, the Fifth Circuit 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 the NRA’s landmark victory NYSRPA v. Bruen, the Fifth Circuit first determined that the purchase ban implicates the Second Amendment’s text because 18-to-20-year-olds are among “the people” and the right to “keep and bear arms” includes the right to purchase them. The court then determined that historical tradition does not support prohibiting 18-to-20-year-olds from purchasing firearms, since 18-to-20-year-olds were required to acquire and possess firearms in the Founding Era and restrictions on such purchases were not enacted until the latter half of the nineteenth century—too late to establish a relevant tradition.
The Fifth Circuit’s decision deepened a split among the federal circuit courts on whether 18-to-20-year-old adults are protected by the Second Amendment. The Fourth, Tenth, and Eleventh Circuits have upheld restrictions for adults under 21, while the Third, Fifth, and Eighth Circuits have held similar restrictions unconstitutional.
The deadline for the DOJ to petition the U.S. Supreme Court to hear the Reese case passed on June 27, 2025. The DOJ, however, declined to seek the Court’s review. This decision might indicate that the Trump Administration agrees with the Third, Fifth, and Eighth Circuits that adults under 21 have full Second Amendment rights, and that laws restricting those rights based solely on age are unconstitutional.
Although the DOJ did not seek review in Reese, there is a possibility that the Supreme Court resolves the circuit split over the rights of 18-to-20-year-olds next term. In May, the National Rifle Association petitioned the Court to hear, NRA v. Glass, a challenge to Florida’s prohibition on firearm purchases by 18-to-20-year-olds.
Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.
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