Buckeye Reporter

A federal appeals court has ruled that a law prohibiting the sale of handguns to individuals under 21 is unconstitutional. This decision, made by a three-judge panel from the U.S. Court of Appeals for the Fifth Circuit, overturns a previous ruling from December 2022 by the U.S. District Court for the Western District of Louisiana.

The case, known as Reese v. ATF, challenges federal laws restricting handgun sales to those aged 18-20. The opinion was written by Circuit Judge Edith Jones and supported by Chief Judge Jennifer Walker Elrod and Circuit Judge Rhesa Barksdale.

The panel referenced a significant Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which affirmed citizens' rights to carry handguns publicly for self-defense. "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," stated the panel's opinion.

The court emphasized that while terms like 'purchase' or 'sale' do not appear in the Second Amendment, "the right to 'keep and bear arms' surely implies the right to purchase them." Consequently, they found sections 18 U.S.C. §§ 992(b)(1), (c)(1) unconstitutional when considering historical firearm regulation traditions.

The case has been sent back to district court for further proceedings consistent with this opinion.

Reese v. ATF involves appellants including Emily Naquin and Caleb Reese, supported by organizations such as the Second Amendment Foundation and Firearms Policy Coalition. They argue that existing laws infringe on their Second Amendment rights and deny equal protection under the Fifth Amendment's Due Process clause.

Joe D. "Buck" Ruth authored this report; he manages digital content for Buckeye Firearms Association after decades in journalism.