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DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Thursday, July 10, 2025

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

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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Report: Newsom Rejected Gifted Handgun Because California Law is Too Complicated

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Monday, July 28, 2025

Report: Newsom Rejected Gifted Handgun Because California Law is Too Complicated

In a video interview with Tennessee-based podcaster Shawn Ryan published earlier this month, anti-gun California Governor Gavin Newsom appeared to accept a gift of a Sig P365 XMACRO semi-automatic handgun from the former U.S. Navy ...

North Carolina: Pro-Gun Bills Advance in Veto Override Session

Tuesday, July 29, 2025

North Carolina: Pro-Gun Bills Advance in Veto Override Session

During a veto override session on Tuesday, July 29th, both chambers passed House Bill 193 (H193) and defeated Governor Josh Stein's veto.

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Monday, July 28, 2025

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Readers of our alerts know, very well, that U.S. Senator Chris Murphy (D-CT) does not believe in the Second Amendment, and would probably like to see virtually every law-abiding American disarmed. And he has held ...

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Monday, July 28, 2025

From New York to Australia, the Law Doesn’t Always Back the Good Guys

For decades, NRA-ILA has pointed out that gun control advocates are disingenuous when it comes to public safety. 

Ninth Circuit Strikes Down California’s Background Check Requirement for Ammunition Purchases in NRA Backed Case

Thursday, July 24, 2025

Ninth Circuit Strikes Down California’s Background Check Requirement for Ammunition Purchases in NRA Backed Case

The Ninth Circuit Court of Appeals ruled that California’s law requiring a background check for each ammunition purchase violates the Second Amendment in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle ...

Rehabilitative Justice and the Anti-Gun Blind Spot

News  

Monday, July 28, 2025

Rehabilitative Justice and the Anti-Gun Blind Spot

Politics, they say, make for some strange bedfellows. Nicole Aloise, the Democrat running for the District Attorney (DA) job in New York’s Nassau County, has reportedly invited convicted criminals to apply for a full-time position on her ...

DOJ Issues “Relief From Disabilities” Rulemaking; Your Comments Urgently Needed!

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Monday, July 28, 2025

DOJ Issues “Relief From Disabilities” Rulemaking; Your Comments Urgently Needed!

On July 22, the U.S. Department of Justice (DOJ) issued a proposed rule in response to the Trump administration’s intention to revive a statutory process for the restoration of Second Amendment rights lost under federal law as result of ...

Tax Relief Spurs Participation in Outdoor Recreation, Conservation Efforts

News  

Monday, July 28, 2025

Tax Relief Spurs Participation in Outdoor Recreation, Conservation Efforts

It’s well known that firearm owners, along with sportsmen and women, invest a lot of time, effort, and especially money into being good stewards of their Second Amendment rights and their love of the outdoors.

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

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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.