Appeals Court Overturns Ban on Handgun Sales to Adults Under 21

The U.S. 5th Circuit Court of Appeals ruled on Thursday that the U.S. Government ban on handgun sales to adults older than 18 but younger than 21 was unconstitutional. The decision was based partly on the Supreme Court’s case New York State Rifle & Pistol Association v. Bruen. It was predicted at the time that this would cause a major change in gun laws across America.

This prediction seems to be coming true.

The U.S. government’s decades-old ban on federally regulated firearms dealers selling handguns to adults under 21 is unconstitutional. This was based on recent U.S. Supreme Court decisions expanding gun rights.

The ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals marked the first time a federal appeals court has held that the prohibition violated the right to keep and bear arms enshrined in the U.S. Constitution’s Second Amendment.

In 2012, the appeals court upheld this same ban. The U.S. Supreme Court, with a conservative majority of 6-3, handed down an important ruling in 2022 that established a new standard for assessing modern gun laws.

The Supreme Court ruled in New York State Rifle & Pistol Association v. Bruen that gun regulations must be “consistent” with the nation’s long-standing tradition of firearm regulation.

It seems that the Bruen case has made its impact felt. The real problem with this strange little bit of age discrimination, however, is that it is not documented in the history of our country before 1968 – which is one of the standards Bruen established.

U.S. Circuit Judge Edith Jones, writing for Thursday’s three-judge panel, said that decision was wrong, as the statutes were “unconstitutional in light of our Nation’s historic tradition of firearm regulation.”

During the tenure of Democratic former president Joe Biden, the U.S. Department of Justice defended this ban. Jones, however, said that it presented “scant evidence” to prove that gun rights for adults aged 18-20 were restricted in the same way during the founding period of the United States.

The Trump administration may or may not support an appeal.

It is a major victory for Second Amendment supporters, but its application may be even wider.

Currently, in the United States of America, young Americans can reach their majority age in small increments. At 18 one can vote, join the military, and sign contracts. They can’t purchase a handgun, a beer, a shot, or whiskey in most states, nor can they buy tobacco. This graduated age is far from being a good idea. As a matter of public policy, the age of majority should just be that: an age.

This case is not only a victory for the Second Amendment but could also remove one of these restrictions from people who are adults legally and should be treated as such. If a person is 18-19 or 20 years of age, they are not considered responsible enough to purchase a firearm or beer. Why do we allow them to vote?

The full text of the opinion can be found here.