2A WIN: Court Lifts Age Restriction on Handguns for Americans Under 21
The Fifth Circuit Court of Appeals held that Americans age 18–20 have the constitutional right to purchase handguns, ending a decades-old ban passed by Democrats.
Second Amendment advocates scored another victory on January 30, when the Fifth Circuit Court of Appeals ruled that blocking 18- to 20-year-olds from purchasing handguns is unconstitutional.
The court found that the federal ban, established by the Democrat-led Gun Control Act of 1968, violates the Second Amendment because it conflicts with the historical tradition of firearm regulation outlined in the landmark Supreme Court case Bruen.
"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 Firearm Policy Coalition (FPC) President Brandon Combs.
Judge Edith H. Jones, a President Ronald Reagan nominee, cited the Militia Act of 1792 in her opinion, noting that it required "every free able-bodied white male" aged 18 to 45 to join his state militia and supply his own musket or rifle—evidence that 18-year-olds were historically expected to bear arms.
"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 [...] In sum, 18 U.S.C. §§ 992(b)(1), (c)(1) and their attendant regulations are unconstitutional in light of our Nation’s historic tradition of firearm regulation," the Court said in its opinion.
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Off to the Supreme Court
The Fifth Circuit’s decision to allow 18- to 21-year-olds to purchase handguns is only the latest victory in the campaign to restore constitutional rights.
Similar cases in Florida, Virginia, and other courts have delivered mixed rulings on the issue—leaving the Fifth Circuit’s recent decision with a question: Will the Supreme Court step in to ensure uniformity in federal law?
The Gun Control Act of 1968 has been a cornerstone of federal firearm regulation for decades. However, the Supreme Court’s recent Bruen decision has prompted courts and states to reevaluate their gun laws to ensure they align with America’s historical traditions of firearm regulation. As a result, many courts have taken up the issue of the handgun ban for 18- to 21-year-olds, and their rulings reflect mixed conclusions.
In 2022, Judge Robert E. Payne of the U.S. District Court in Richmond, Virginia, ruled that the federal ban on handgun purchases for 18- to 20-year-olds was inconsistent with the Supreme Court’s Bruen decision. In his 71-page opinion, the George H.W. Bush appointee stated that the law did not align with "our nation’s history and tradition" and was therefore unconstitutional.
The ruling was stayed pending an appeal to the U.S. Court of Appeals for the Fourth Circuit.
A year earlier, in 2021, the Fourth Circuit also ruled against the 21-year age requirement for handguns. However, that case was dismissed as moot during the appeals process after the plaintiff turned 21.
In 2023, the 11th U.S. Circuit Court of Appeals upheld a Florida law enacted after the mass shooting at Marjory Stoneman Douglas High School, which raised the legal age to purchase a firearm from 18 to 21.
The decision is now in the appeals court.
"Even more so than the federal laws banning commercial sale of handguns to young adults, Florida’s young adult ban is inconsistent with historical tradition and violates the Second Amendment," John Parker Sweeney, an attorney for the NRA, wrote about the Florida handgun ban.
With conflicting opinions across federal circuit courts, gun laws are being applied differently throughout the country. These opposing rulings may prompt the Supreme Court to take up the issue to establish a uniform standard.
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Restoring Second Amendment Rights
If an 18-year-old is old enough to enlist in the military, risk his life for his country, and defend the freedoms we all enjoy, it’s absurd to suggest he shouldn’t be trusted to carry a handgun for their own protection.
Throughout American history, young men and women have been called upon to bear arms—not just in service to the nation but to ensure their own safety and the security of the Republic.
For decades, anti-Second Amendment lawmakers have chipped away at the rights guaranteed by the Constitution, using policies like the handgun age ban as a tactical move in their larger effort to erode those freedoms. This isn’t about public safety; it’s about control.
If the Supreme Court takes up this case, it must follow the precedent set in Bruen and uphold the historical tradition of firearm regulation. To do otherwise would not only ignore the lessons of our nation’s past but also deny law-abiding young adults their constitutional rights.
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