A three‑judge panel of the 5th U.S. Circuit Court of Appeals is set to consider an appeal filed by the Second Amendment Foundation, the Firearms Policy Coalition and the Louisiana Shooting Association. The appeal challenges a limited injunction issued by a federal district judge on Jan. 27, 2026, which granted a constitutional right for young adults to purchase handguns but only for residents of Texas, Mississippi, and Louisiana who were already paid‑up members of the plaintiff groups at the time of the ruling.
Background of the case
The lawsuit, FPC v. ATF, began in 2020 and argues that the federal ban on handgun sales to 18‑ to 20‑year‑olds violates the Second Amendment. In 2025, the 5th Circuit agreed, declaring the ban unconstitutional and directing the district court to issue a final order. When the order arrived, the judge attached the narrow carve‑out, effectively excluding most young adults nationwide and anyone who turned 18 after the decision.
Government’s contradictory stance
While the Department of Justice issued an internal policy stating it would no longer enforce the under‑21 handgun ban anywhere in the United States, government attorneys continue to fight the appeal. They argue that a policy of non‑enforcement is not a permanent legal remedy and that a formal court order is needed to protect the constitutional right.
“The government’s position is that it agrees the law is unconstitutional, but because it now recommends not enforcing the ban, the case should be moot,” said Bill Sack, senior director of legal operations for the Second Amendment Foundation. “Yet the government is fighting tooth and nail to prevent the injunctive relief we won at the district court from being expanded to protect more people.”
Impact on gun dealers and young adults
Attorneys for the gun‑rights groups note that day‑to‑day operations at gun counters have not changed. “The Government has offered no evidence that the actual defendant in this case, ATF, has ceased enforcement or instructed licensed dealers to process handgun purchases by 18‑to‑20‑year‑olds,” the brief states.
Alan M. Gottlieb, founder and executive vice president of the Second Amendment Foundation, criticized the limited relief: “If the government had its way, the 18‑year‑old SAF members who could take advantage of the injunction would have been members when they were 12 years old, and that’s just preposterous.” He urged the government to accept defeat and let the unconstitutional ban be placed in the “wastebin of history.”
What’s at stake
The 5th Circuit’s decision will determine whether the government’s promise of non‑enforcement is sufficient or whether a sweeping order is required to bind the ATF nationwide. The outcome could affect thousands of young adults across the country who seek to exercise their Second Amendment rights.
Original reporting: Tampa Free Press — read the source article.
