On January 30, 2025, the 5th U.S. Circuit Court of Appeals declared the federal ban on licensed firearms dealers selling handguns to individuals aged 18 to 20 unconstitutional. This decision marks the first time a federal appeals court has invalidated this prohibition, citing the Second Amendment’s right to keep and bear arms.
The court’s ruling was influenced by the 2022 Supreme Court case, New York State Rifle & Pistol Association v. Bruen, which established that modern gun regulations must align with the nation’s historical traditions of firearm regulation. The federal ban, enacted in 1968 under the Omnibus Crime Control and Safe Streets Act, was challenged by individuals aged 18 to 20 and gun rights organizations, including the Firearms Policy Coalition and the Second Amendment Foundation. They argued that the ban infringed upon the constitutional rights of young adults.
U.S. Circuit Judge Edith Jones, writing for the three-judge panel, stated that the statutes were “unconstitutional in light of our Nation’s historic tradition of firearm regulation.” She noted that the Department of Justice provided insufficient evidence to demonstrate that adults aged 18 to 20 were historically restricted from gun ownership during the nation’s founding era. Judge Jones emphasized that “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.”
Brandon Combs, president of the Firearms Policy Coalition, hailed the ruling as a victory against “an immoral and unconstitutional age-based gun ban.” The Department of Justice has not yet responded to requests for comment.
