Federal court rules ATF age limits on handgun sales violate Second Amendment

A federal appeals court on Thursday ruled a nationwide ban on handgun sales to young adults is unconstitutional.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans found a federal law that prohibits adults aged 18-20 from buying handguns violates the Second Amendment. The ruling comes as key firearms regulations have been struck down across the country following a landmark Supreme Court decision that expanded gun rights in 2022.

“Ultimately, the text of the Second Amendment includes eighteen-to-twenty-year-old individuals among ‘the people’ whose right to keep and bear arms is protected,” the opinion of the court states. The decision refers the case back to a lower court judge.

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Previously, the appeals court had upheld the requirement that adults must be at least 21 to purchase a handgun. But since the Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen, judges are required to determine if a firearm restriction being challenged is firmly rooted in the nation’s historical traditions. Judges in Minnesota, Virginia and Texas have already found that state laws restricting handgun sales to young adults do not pass that test.

The Biden administration fought those rulings, but the Trump administration is expected to be friendlier towards gun rights. At a National Rifle Association event last year during the presidential campaign, President Donald Trump said, “no one will lay a finger on your firearms.” 

Constitutional law attorney and Fox News contributor Jonathan Turley observed that the Trump administration may not appeal the fifth circuit’s decision, which could mean the Supreme Court will not have a chance to review it.

“For gun rights advocates, it may have been better if this decision had been handed down during the Biden Administration,” Turley posted on X. “The Trump Administration will likely support the ruling and not appeal to the Supreme Court. Such an appeal could have extended this precedent nationally.”

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The Supreme Court, meanwhile, decided to keep a federal gun law on the books last year. The high court overturned a different ruling from the 5th Circuit and upheld a law intended to protect victims of domestic violence.

“Today’s ruling is yet another critical FPC win against an immoral and unconstitutional age-based gun ban,” said Firearms Policy Coalition President Brandon Combs in a statement. Two FPC members sued to overturn the law, along with the Second Amendment Foundation and the Louisiana Shooting Association.

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“We look forward to restoring the Second Amendment rights of all peaceable adults throughout the United States,” Combs added.

Federal law requires a person to be 21 to purchase a handgun from a licensed firearm dealer and 18 to buy a long gun from a dealer, according to Everytown for Gun Safety. There is an 18-year-old minimum for handgun purchases from unlicensed sellers and no minimum age for long guns, according to the group’s research.

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“The law that prohibits dealers from selling handguns to those under twenty-one is both constitutional and crucial for public safety,” said Janet Carter, senior director of issues and appeals at Everytown Law. “Firearms are the leading cause of death for children and teens, and 18-to-20-year-olds commit gun homicides at triple the rate of adults 21 and over, according to FBI statistics.” 

“We hope the federal government will fight this reckless ruling by seeking rehearing en banc, or taking the case directly to the Supreme Court. We look forward to supporting the defense of this common sense law.” 

The Associated Press contributed to this report.