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A federal appeals court has struck down a federal ban on handgun sales to 18- to 20-year-olds, ruling that the restriction violates the Second Amendment.

Some shit you should know before you read: Back in 1968, the federal government enacted the Gun Control Act (GCA), which included a provision barring federally licensed firearms dealers from selling handguns to individuals under 21 while allowing 18- to 20-year-olds to purchase rifles and shotguns. The law was passed in response to rising gun violence and political assassinations, including those of Martin Luther King Jr. and Robert F. Kennedy, with lawmakers arguing that younger buyers were more prone to impulsive violence. Over the decades, this restriction has faced multiple legal challenges, with opponents arguing that it unfairly infringes on the Second Amendment rights of young adults who can otherwise serve in the military, vote, and be legally considered adults. Courts have historically upheld the ban, arguing that it is not unconstitutional.

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What’s going on now: In a ruling issued by the 5th US Circuit Court of Appeals, a three-judge panel unanimously struck down the federal law prohibiting handgun sales to 18- to 20-year-olds, declaring it unconstitutional under the Second Amendment. Writing for the panel, Judge Edith Jones 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.” The court found that the federal government failed to present sufficient historical evidence proving that such age-based gun restrictions existed at the time of the founding era, making the modern handgun sales ban unconstitutional.

The judges also rejected the government’s argument that restrictions on young adults were historically accepted, particularly dismissing references to 19th-century laws as inadequate for determining the Second Amendment’s original meaning. The panel emphasized that at the time the Second Amendment was ratified, 18- to 20-year-olds were part of state militias, meaning they were expected to own and bear arms.

The ruling also criticized the Justice Department’s defense of the law, stating that they provided “scant evidence” that such restrictions existed in the late 18th century.  

This all comes as the Justice Department, now under the Trump administration, weighs its next steps. The Biden administration had previously defended the handgun sales ban. Still, with a new administration in power, it remains unclear if the DOJ will appeal the 5th Circuit’s decision to the Supreme Court. If the government does seek a review, the case could set up a major legal battle that further clarifies how the Second Amendment applies to age-based firearm restrictions. If no appeal is filed, the ruling will stand.

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