Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives

Overview

(5th Cir., January 30, 2025): The Fifth Circuit Court of Appeals held that federal laws prohibiting the sale of handguns by federally licensed sellers to individuals under 21 are unconstitutional and reversed the lower court’s holding that such challenged laws are consistent with the nation’s historical tradition of firearm regulation. Pro-gun rights organizations and two Louisiana residents aged 18–20 challenged the federal laws under the Second Amendment, which protects the right of the people to keep and bear arms. The lower court held in favor of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) concluding the laws satisfied the Bruen test requiring historic precedent, citing 19th century laws restricting firearm sales to minors and pre-Bruen Fifth Circuit analysis in NRA v. ATF. The appellate court reversed this decision, rejecting the comparison to 19th century firearm laws because Bruen seeks to reflect the intentions of the Founders. As a result, the federal prohibition was found unconstitutional. Read the full opinion here.

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