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Fifth Circuit Court of Appeals Strikes Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Friday, January 31, 2025

Fifth Circuit Court of Appeals Strikes Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Yesterday, the Fifth Circuit Court of Appeals 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 NYSRPA v. Bruen, the Fifth Circuit began its analysis by considering whether the regulated conduct is covered by the Second Amendment’s plain text. First, the court concluded that “the right to ‘keep and bear arms’ surely implies the right to purchase them.” Next, the court determined that 18-to-20-year-olds are among “the people” protected by the Amendment because “There are no age or maturity restrictions in the plain text of the Amendment” and because 18-to-20-year-olds were traditionally required to provide their own arms for service in the militia and posse comitatus.

Since the plain text covers the purchase of handguns by 18-to-20-year-olds, the court next considered whether the federal prohibition is consistent with America’s historical tradition of firearm regulation. The court concluded that it is not. During the founding era, as noted above, 18-to-20-year-olds were required to acquire and possess firearms. And no founding-era law forbade them from doing so. Rather, regulations limiting the ability of 18-to-20-year-olds to acquire arms were first enacted in the latter half of the nineteenth century, which is too late to establish a historical tradition. Therefore, the court held, the federal laws prohibiting FFL sales to 18-to-20-year-olds violate the Second Amendment.

The court cited law review articles published by ILA’s Director of Litigation Counsel, Joseph Greenlee—which were coauthored with David Kopel—five times in determining that 18-to-20-year-olds are among “the people” and were protected by the Second Amendment at the time of our nation’s founding. 

The case, Reese v. Bureau of Alcohol, Tobacco, Firearms and Explosives, was brought by Caleb Reese, Firearms Policy Coalition, Second Amendment Foundation, Louisiana Shooting Association, and Emily Naquin.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

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New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

New York:  Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

Saturday, May 23, 2026

New York: Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

On Thursday, May 21, the New York Senate and Assembly used the State Budget as a vehicle to not only finance state government but also to pass a handful of their other policy priorities. 

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

Friday, May 29, 2026

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

The criminalization of hunting and fishing is one step closer to a reality in Oregon. 

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

Thursday, May 28, 2026

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

On May 27th, Virginia-based gun rights group the Virginia Citizens Defense League (VCDL) was informed by the Virginia Attorney General’s office that the Virginia State Police (VSP) would resume conducting background checks on private firearm ...

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

News  

Tuesday, May 26, 2026

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

Anti-gun arrogance, or incompetence, is reaching new heights.

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

News  

Tuesday, May 26, 2026

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

America’s Second Amendment community had some insights into the outlook of the newly confirmed ATF Director Robert Cekada, when he recently testified before the House Oversight Committee’s Subcommittee on Federal Law Enforcement. 

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

News  

Tuesday, May 26, 2026

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

Anti-gun extremist Michael Bloomberg thankfully commands fewer headlines these days. But policy efforts like the latest “Public Carry Permitting Model Policy Guide”  from the Johns Hopkins School of Public Health’s Center for Gun Violence Solutions still ...

Florida: Second Amendment Sales Tax Holiday Passes Legislature

Friday, May 29, 2026

Florida: Second Amendment Sales Tax Holiday Passes Legislature

Today, May 29th, marks the last day of the Florida special session. HB 7031-E received final passage and will soon be transmitted to Governor's desk for his consideration. 

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NRA ILA

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.