Boom! Fifth Circuit Overturns Handgun Ban For Young Adults—What DOES It Mean?

By Lisa Pelgin | Saturday, 01 February 2025 04:30 PM
Views 2.8K
Image Credit : Courtesy of US Concealed Carry Association

In a significant legal development, the United States Court of Appeals for the Fifth Circuit has overturned a previous ruling that upheld a ban on handgun purchases by individuals aged 18 to 20.

This decision, rendered on January 30, emerged from the case Reese v. ATF, initially filed on November 6, 2020. The plaintiffs in this case include the Second Amendment Foundation, the Firearms Policy Coalition, the Louisiana Shooting Association, and individuals Emily Naquin and Caleb Reese.

As reported by Breitbart, the three-judge panel responsible for this ruling comprised Judge Edith Hollan Jones, appointed by Ronald Reagan; Judge Jennifer Walker Elrod, a George W. Bush appointee; and Judge Rhesa Hawkins Barksdale, appointed by George H.W. Bush. Judge Jones, writing for the majority, emphasized that the ban on handgun purchases for 18 to 20-year-olds fails to align with the historical tradition of gun regulation, as required by the Bruen (2022) decision. She stated, "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." Jones further noted the lack of substantial evidence from the federal government indicating that firearm rights for this age group were similarly restricted during the founding era.

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Jones also referenced the Heller (2008) decision, which underscores the Second Amendment's prefatory clause aimed at preserving the militia. She highlighted historical documents from the founding era that establish 18 as the age of eligibility for militia service. This historical context bolsters the argument that young adults should not be denied their Second Amendment rights.

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The Fifth Circuit's decision effectively reverses the judgment of the United States District Court for the Western District of Louisiana, sending the case back for further proceedings in line with the panel's opinion. Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, praised the ruling, asserting, "We have always maintained that young adults, who can vote, join the military, get married, enter into contracts and even run for office can also enjoy the full rights of citizenship which includes rights guaranteed by the Second Amendment. If we can trust young adults to defend our country, we can certainly trust them to own any and all legal firearms."

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This ruling marks a pivotal moment in the ongoing debate over gun rights and age restrictions, reinforcing the notion that constitutional rights should extend to all eligible citizens, regardless of age. The decision may prompt further legal challenges and discussions surrounding the balance between individual freedoms and public safety.

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