Supreme Court Poised to Potentially Revisit Handgun Sales to Young Adults
The landscape of gun control in the United States may be on the cusp of a significant shift, as the Supreme Court finds itself increasingly likely to address the question of whether individuals between the ages of 18 and 20 possess the constitutional right to purchase handguns. This issue, currently subject to conflicting rulings across the nation’s circuit courts, has the potential to dismantle longstanding federal restrictions and reshape the legal framework governing firearms in the country.
At the heart of the matter lies the federal government’s existing ban on handgun sales to individuals under the age of 21, a regulation that has been in place for decades, originating with the Gun Control Act of 1968. This law, initially enacted to address concerns about gun violence, has been challenged in recent years, with legal challenges asserting that it infringes upon the Second Amendment rights of young adults.
The legal battleground has been further complicated by the Supreme Court’s landmark 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen. This ruling significantly altered the standard by which courts evaluate gun control laws, abandoning the previously utilized "strict scrutiny" framework in favor of a "historical tradition" approach. This new standard mandates that gun laws must be consistent with the text of the Second Amendment and the historical understanding of the right to bear arms at the time of the Constitution’s founding.
Since the Bruen decision, a wave of lawsuits has emerged, challenging various gun control measures across the country. Data compiled by The Trace, a non-profit news outlet focused on gun violence, reveals that over 1,600 Bruen-based challenges to gun laws have been filed between June 2022 and August 2024. These lawsuits seek to overturn restrictions on gun sales, carrying permits, and other aspects of firearms regulation.
The challenge to the federal ban on handgun sales to young adults has gained momentum in recent months, with conflicting rulings emerging from different circuit courts. In January, the Fifth Circuit Court of Appeals, a court known for its conservative leanings, struck down the federal ban, arguing that it violates the Second Amendment rights of 18- to 20-year-olds. This decision stood in stark contrast to a ruling issued by the Tenth Circuit Court of Appeals in November, which upheld the same prohibition. Meanwhile, the Fourth Circuit Court of Appeals is currently deliberating on whether to uphold a Virginia district court judge’s decision that would also end the age-limit ban.
This divergence in judicial opinions has significantly increased the likelihood that the Supreme Court will take up the issue. As Alan Gottlieb, founder of the Second Amendment Foundation, explained to Fox News Digital, "Whenever there’s decisions that cross each other, you have a much better chance of getting a writ of certiorari at the U.S. Supreme Court." Jacob Charles, a constitutional law professor at Pepperdine University with expertise in Second Amendment issues, echoed this sentiment, stating, "This issue is definitely making its way to the Supreme Court—and fast. This is a key federal law, and you just can’t have that apply differently across the nation (at least for long)."
The core argument against the age-limit ban centers on the interpretation of the Second Amendment in light of historical context. Advocates for repealing the ban contend that when the Bill of Rights was drafted, there were no restrictions preventing 18- to 20-year-old young adults from owning or carrying firearms. Gottlieb emphasized this point, stating, "When the Bill of Rights was put together, there was nothing that prohibited 18-to 20-year-old young adults from being able to own or carry a firearm."
The Fifth Circuit’s decision to strike down the federal ban explicitly cited the Supreme Court’s Bruen ruling, as did two other circuit courts over the past year. Similarly, in the Eighth Circuit, a ban in Minnesota was invalidated. However, the Commissioner of Public Safety in Minnesota has filed a petition for the Supreme Court to review the case, further highlighting the urgency and significance of this legal battle.
The outcome of this potential Supreme Court case could have far-reaching implications. If the Court were to rule in favor of young adults’ right to purchase handguns, it could lead to the dismantling of similar age-limit bans in numerous states across the country. This would significantly expand access to firearms for individuals between the ages of 18 and 20.
Conversely, if the Court were to uphold the federal ban, it would reinforce the existing legal framework and likely discourage further challenges to age-based restrictions on gun sales. Such a decision would likely be met with disappointment from gun rights advocates, who view the ban as an infringement on the Second Amendment.
As the legal battle unfolds, the nation watches with anticipation, knowing that the Supreme Court’s decision will have a profound impact on the future of gun control and the interpretation of the Second Amendment in the United States. The case promises to be a landmark moment in the ongoing debate over gun rights and public safety.
