News Link • Gun Rights
Fifth Circuit Declares Federal Age Limits On Adult Gun Ownership Unconstitutional
• https://www.zerohedge.com, by Jonathan TurleyThe case is Reese v. ATF. For gun rights advocates, it may have been better if this decision had been handed down during the Biden Administration. The Trump Administration will likely support the ruling and might not appeal to the Supreme Court.
The case concerns 18 U.S.C. §§ 922(b)(1) and (c)(1), and related regulations, including 27 C.F.R. §§ 478.99(b), 478.124(a), and 478.96(b). These provisions are the basis for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to bar Federal Firearms Licensees (FFLs) from selling or delivering handguns to adults under the age of twenty-one.
Writing for the panel (with Judge Jennifer Walker Elrod, a George W. Bush appointee. and Judge Rhesa Hawkins Barksdale, a George H.W. Bush appointee), Judge Edith Hollan Jones relied on the 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen to find that the prohibition was not grounded in the historical tradition of the amendment:
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. The federal government has presented scant evidence that eighteen-to-twenty-year-olds' firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban, and its 19th century evidence "cannot provide much insight into the meaning of the Second Amendment when it contradicts earlier evidence.
…In sum…[statues which 'prohibit Federal Firearms Licensees]…from selling or delivering handguns to adults under the age of twenty-one. and their attendant regulations are unconstitutional in light of our Nation's historic tradition of firearm regulation."
The decision reverses the ruling of Judge Robert Rees Summerhays of the United States District Court for the Western District of Louisiana, a Trump appointee.
The case involved some interesting historical arguments about how some states set the age for the militia at 21 rather than 18. The effort to ground the provisions in a historical context proved unavailing since most states set the age at 18.




