Fraser v. Bureau of Alcohol, Tobacco, Firearms and Explosives

Defending federal law that prohibits licensed firearms dealers from selling handguns to persons under twenty-one.

Court: Eastern District of Virginia

Issue at Stake: Age restrictions

Summary: Fraser v. Bureau of Alcohol, Tobacco, Firearms & Explosives is a Second Amendment challenge to federal criminal statutes and implementing regulations that prohibit federally-licensed firearm dealers from selling handguns (or ammunition for a handgun) to individuals under twenty-one.

Everytown for Gun Safety submitted an amicus brief in the United States District Court for the Eastern District of Virginia in support of the federal restrictions. The brief argues that challenged statutes and regulations are constitutional under the approach to Second Amendment cases set out in New York State Rifle & Pistol Ass’n v. Bruen. The brief explains that the plaintiffs failed to establish, as required under Bruen’s textual inquiry, that the Second Amendment’s plain text covers individuals under 21. The brief further argues that the court should center its historical analysis on 1868 as opposed to 1791, and should also consider later laws.

Decision: On May 10, 2023, the court granted plaintiffs’ motion for summary judgment, holding that the federal regulation violates the Second Amendment.

Case Documents