Top Federal Criminal Defense Lawyer Michael Leonard explains Fifth Circuit’s Firearm Decision. The Federal Circuit Courts of Appeal continue to issue decisions that directly impact the enforcement of Federal firearms laws.
Last week, the United States Court of Appeals for the Fifth Circuit struck down as unconstitutional a law that prohibited individuals who were under twenty-one (21) years of age from purchasing firearms. To many this is a controversial decision, particularly in light of the number of shootings involving young people – including those younger than 21.
The case is case number 23-30033, and it was issued by the Fifth Circuit on January 30, 2025. The case is entitled: Lyle W. Cayce Clerk Caleb Reese; Firearms Policy Coalition, Incorporated; Second Amendment Foundation; Louisiana Shooting Association; Emily Naquin, Plaintiffs—Appellants, versus Bureau of Alcohol, Tobacco, Firearms, and Explosives; Steven Dettelbach, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives; James R. McHenry III, Acting U.S. Attorney General, Defendants—Appellees.
The Fifth Circuit addressed the constitutionality of 18 U.S.C. §§ 922(b)(1) and (c)(1). Those provisions of Federal criminal law barred federal firearms licensees from selling handguns to individuals who were 18 to 20 years old.
The Fifth Circuit held that those statutory provisions violate the Second Amendment. As many readers may recall, a host of Federal gun laws were called into question by the United States Supreme Court’s decision in Bruen. It appears likely that this Fifth Circuit decision will be reviewed by the Supreme Court.
The Fifth Circuit’s decision was premised upon its finding in the first instance that the United States Constitution specifically includes person who are 18 to 20 years old within those “people” whose right to keep and bear arms is protected. Accordingly, the Fifth Circuit held that the Federal criminal laws making criminal the sale of handguns to persons who were in the 18 to 20 year old range was accordingly unconstitutional.
What makes this decision particularly remarkable is that it tossed out Federal gun laws that had been in effect for more than 55 years.
Michael Leonard
Leonard Trial Lawyers
February 4, 2025