The Supreme Court can quickly consider whether people under the age of 21 have the right to purchase a handgun. This could support federal restrictions decades ago and reconstruct the country’s gun laws.
In January, the New Orleans-based right-leaning Fifth Circuit Court of Appeals broke the federal government’s decades-old ban on handgun purchases for ages 18-20. That decision comes after the 10th Circuit supported the same ban in November. Meanwhile, the US Court of Appeals in the Fourth Circuit is currently considering whether to uphold the Virginia District Judge’s decision to end the age restriction ban.
“Whenever there is a decision that is beyond one another, there is a much more chance of getting a certiorari warrant in the U.S. Supreme Court,” Alan Gottlieb, founder of the Second Amendment Foundation, told Fox News Digital.
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“The issue is definitely reaching the Supreme Court, and we are fasting,” said Jacob Charles of Pepperdine, a constitutional professor with expertise in Second Amendment issues. “This is an important federal law and cannot bring about different application across the country (at least for a long time).”
A federal ban on the sale of handguns to people under the age of 21 began in 1968 as part of the Gun Control Act.
A federal ban on the sale of handguns to people under the age of 21 began in 1968 as part of the Gun Control Act, which had passed that year. New York State Rifle & Pistol Association v. Fast forward to the Supreme Court’s 2022 decision in Brune and a tranch in a lawsuit aimed at overturning a law restricting gun sales to people over the age of 21 has passed the court. Gun Violence Nonprofit News Outlet TRACE compiled data showing that between June 2022 and August 2024 there were over 1,600 brun-based challenges to gun law.
Bruen’s decision has established a “historical tradition” that rejects the strict scrutiny framework used by lower courts to assess gun laws and instead requires the law to comply more directly with the texts of the Second Amendment.
“The level of scrutiny – reasonable grounds, intermediate scrutiny, strict scrutiny – not important. What the Supreme Court’s Brune ruling said is you have to look at the text and history. That’s what it matters,” Gottlieb said. “When the Bill of Rights was compiled, nothing prohibited young adults aged 18 to 20 years old from being able to own or carry firearms.”
The handgun will be displayed at the Taurus booth during the National Rifle Association Annual Conference held in Indianapolis. (Photographer: John Cherry/Bloomberg via Getty Images)
Gottlieb and the second amendment foundation sued in several states to reverse the sale of guns in the hands to young adults under the age of 21.
Several cases are ongoing to challenge the age restriction ban, including cases filed in Massachusetts and Connecticut this month.
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“One thing is, at least, most of our track record wins, and part of that logic is that there is nothing under the Supreme Court’s Brune decision.
Protesters are holding signs of ending gun violence in front of the Supreme Court in Washington, DC (Nathan Howard/Getty Images)
The Fifth Circuit cited the Supreme Court’s Blueen’s ruling in its decision not to uphold a federal ban, as did the other two circuit courts over the last year.
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One case of the 8th Circuit overridden the ban in Minnesota. Since then, Minnesota Public Safety Commissioners have filed petitions with the Supreme Court to govern the case. The petition is currently pending.
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