Federal appeals court strikes down feds’ handgun ban on those under 21

A federal appeals court ruled Thursday that the federal government’s ban on adults under 21 accessing handguns violated the Second Amendment of the Constitution.

Federal law prevents Federal Firearms Licensees from selling or delivering handguns to anyone under that age.

The challengers, who were three nonprofit groups and a few individuals between the ages of 18 and 20, argued that the restriction ran afoul of their right to keep and bear arms.

“These provisions are inconsistent with the Second Amendment,” ruled a unanimous three-judge panel of the 5th U.S. Circuit Court of Appeals.

The judges on the panel all were appointed by Republican presidents: Chief Judge Jennifer Elrod (George W. Bush); Judge Edith Jones (Ronald Reagan), and Judge Rhesa Barksdale (George H.W. Bush).

The government had argued that “the people” — as recognized in the Second Amendment — did not include those under 21, reasoning that dating back to the founding that was recognized as the age of maturity.

But the court rejected that reasoning, on both constitutional and historical grounds.

“This argument is incompatible with Second Amendment precedent, nonsensical when considered against the backdrop of American suffrage, and contradicted by the history of firearm use at the founding,” the court said.

The 5th Circuit panel analyzed the handgun ban under the Supreme Court’s precedent from 2022 in New York State Rifle & Pistol Association, Inc. v. Bruen, where the justices said any gun control measure had to be consistent with the nation’s history and tradition dating back to the founding in order to pass Second Amendment scrutiny.

Second Amendment advocates cheered Thursday’s decision.

“Today’s ruling is yet another critical FPC win against an immoral and unconstitutional age-based gun ban. We look forward to restoring the Second Amendment rights of all peaceable adults throughout the United States,” said Brandon Combs, president of the Firearms Policy Coalition.