“To the extent that prior decisions from this court hint there is an acceptable cost that may be imposed on the basic exercise of Second Amendment rights, they are abrogated by Bruen and its progeny.”
Posted on 09/18/2026 2:41:21 PM PDT by CFW
NEW ORLEANS (September 18, 2026) — Firearms Policy Coalition (FPC) announced today a major victory in Elite Precision Customs v. ATF, with the United States Court of Appeals for the Fifth Circuit holding that the federal government’s ban on direct interstate handgun purchases violates the Second Amendment. The Court reversed the lower court’s dismissal of the case and rendered judgment for FPC and its co-plaintiffs.
[snip]
The federal laws challenged by FPC categorically prohibit people from directly purchasing handguns from licensed dealers outside their state of residence. While federal law provides exceptions for interstate rifle and shotgun purchases, handgun buyers are instead forced to arrange an additional transfer through a licensed dealer in their home state—a process that depends on another dealer agreeing to participate and typically imposes additional fees and delays.
The Fifth Circuit’s conclusion was unequivocal: “The Ban sullies the plain text of the Second Amendment and is inconsistent with the nation’s tradition of firearms regulation.” The Court reversed the district court and rendered judgment for FPC and the other plaintiffs.
(Excerpt) Read more at firearmspolicy.org ...
The majority said the ban implicates the Second Amendment because the right to keep arms necessarily includes the right to purchase them. It then found the government’s historical analogues too dissimilar to justify a categorical ban on direct interstate handgun sales.
Judge Haynes issued a three-sentence dissent, saying she agreed with the district court that the challenged provisions “are not unconstitutional under the Second Amendment.” She said that was “all that is in play in this case” and would have affirmed.
Court's ruling here:
If the conclusion was "unequivocal," how can the vote have been 2-1??
Ping!........
“To the extent that prior decisions from this court hint there is an acceptable cost that may be imposed on the basic exercise of Second Amendment rights, they are abrogated by Bruen and its progeny.”
“The Ban sullies the plain text of the Second Amendment and is inconsistent with the nation’s tradition of firearms regulation, dating back to the founding era, under that Amendment.”
Nice try, but Trump ordered the DOJ not to appeal this decision.
This is a big deal. I have expected a similar decision for a while.
It makes no sense to block interstate handgun sales in the current environment.
This is a good ruling for citizens rights.
1) The Trump administration filed its brief in support of the ban and against our Second Amendment rights with the district court in 2025. Nice try!
2) The Trump administration then fought for the ban and against our Second Amendment rights, at the Court of Appeals, Fifth Circuit. Nice try!
3) Trump has NOT ordered the DOJ to not to appeal the decision in Elite Precision Customs v. ATF. Trump ordered the DOJ not to file an appeal in a completely different case, Silencer Shop Foundation v. ATF. Nice try, though!
Bkmk
Showing up in court and “fighting” are two different approaches to accomplish something. Just because the DOJ were in the court room doesn’t mean they put up the best case fight. They actually can go in the court room and act like tree stumps in order to get the ruling from the court that is desired. Once the judges rule then it’s law and by not putting up a furious defense the outcome might just be what was wanted.
Good to see this decision.
1) The District Court case, where the Trump Administration argued against our Second Amendment rights, was heard on briefs alone. There were no oral arguments.
2) Had you bothered to read the briefs, you would see that the Trump Administration zealously fought against our Second Amendment rights both at the District Court and the Appellate Court.
3) In that you didn’t put in the work by actually reading the briefs, rather you are just arguing out of willful ignorance in defense of your idolatry, I am not going to waste my time engaging with you. Have a good day.
I know you’re mentally defective so I will speak plainly… The bums in the ATF are not in the Trump administration. Trump has recently been educated on firearms by his team and understands the harm being done to our second amendment. If you actually pay attention to what he’s been saying you might understand that.
You may now continue frothing at the mouth!
1) The ATF is in the Executive Branch ergo, part of the Trump Administration.
2) To put a finer point on it, Trump appointed Robert Cekada as head of the ATF.
3) Both Trump’s ATF and Trump’s DOJ filed briefs to keep the anti-Second Amendment ban in place.
Now, get out of your mom’s basement, your soup is getting cold.
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