In Reckless and Unfounded Decision, Fifth Circuit Court of Appeals Deems Federal Restriction on Handgun Sales to Individuals Under 21 Unconstitutional; Everytown Law Responds
1.30.2025
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1.30.2025
Ruling Comes Just Months After SCOTUS Reversed Fifth Circuit’s Extreme Rahimi Decision, Which Had Held Unconstitutional Longstanding Law Prohibiting Domestic Abusers from Possessing Guns
NEW YORK – The United States Court of Appeals for the Fifth Circuit Court today ruled that the federal law prohibiting federally-licensed firearms dealers from selling handguns to individuals under age 21 is unconstitutional in Reese v. Bureau of Alcohol, Tobacco, Firearms & Explosives.
“The law that prohibits dealers from selling handguns to those under twenty-one is both constitutional and crucial for public safety. 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,” said Janet Carter, senior director of issues and appeals at Everytown Law. “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.”
In March 2023, Everytown filed an amicus brief in the Fifth Circuit arguing that the federal restrictions are constitutional under the approach to Second Amendment cases set out in New York Rifle & Pistol Ass’n v. Bruen. More on the importance of firearm purchasing age restrictions can be found here.
Today’s decision comes just months after the United States Supreme Court, in an 8-1 ruling, reversed another extreme and deadly decision from the Fifth Circuit, in which the circuit court of appeals had held unconstitutional the longstanding federal law that prohibits domestic abusers subject to protective orders from possessing guns in United States v. Rahimi.
For interviews or to learn more, please don’t hesitate to reach out to press@everytown.org.
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Did you know?
30 percent of guns recovered by ATF in California have no serial number on them, making it impossible for law enforcement to trace.
Stephens A. “Ghost Guns Are Everywhere in California”. The Trace. (2019). https://bit.ly/2DKkIlt
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