“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 ...
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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
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