In a major development for Second Amendment supporters, the Department of Justice (DOJ) declined to appeal a pivotal ruling in DOJ Declines to Appeal Ruling Against Federal Young Adult Handgun Ban—solidifying a legal victory that affirms the rights of 18-to-20-year-olds to purchase handguns through licensed dealers. As the deadline to bring the case before the U.S. Supreme Court passed on Friday without DOJ action, the Fifth Circuit Court of Appeals’ decision now stands as binding precedent across Texas, Louisiana, and Mississippi.
The unanimous ruling, delivered earlier this year by the Fifth Circuit, concluded that federal laws preventing licensed firearm dealers from selling handguns to adults under 21 violate the Second Amendment. The court emphasized that the Constitution does not exclude young adults from its protections, stating clearly that “the people,” as written in the Second Amendment, includes 18-to-20-year-olds.
A Constitutional Victory for Young Adults
The ruling was seen as a landmark moment by gun rights advocates, many of whom have long argued that age-based restrictions on firearm purchases lack historical or legal justification. This court decision marks a significant step toward restoring full constitutional rights for young Americans who are old enough to vote, serve in the military, and be tried as adults in court, yet have often been denied the right to purchase a handgun.
Brandon Combs, President of the Firearms Policy Coalition (FPC), applauded the court’s decision and the DOJ’s inaction. “Today’s ruling is yet another critical FPC win against an immoral and unconstitutional age-based gun ban,” said Combs. “We look forward to restoring the Second Amendment rights of all peaceable adults throughout the United States.”
This sentiment was echoed by Adam Kraut, Executive Director of the Second Amendment Foundation (SAF), who called the DOJ’s move “an encouraging development.” Kraut added, “While it is unclear whether the government’s decision to decline seeking review at the Supreme Court marks a formal shift in its position on the issue, it is an encouraging development. We look forward to finalizing an injunction that will vindicate the rights of 18-to-20-year-old SAF members nationwide on this matter.”
The Fifth Circuit Decision’s Broad Impact
The Fifth Circuit’s jurisdiction—covering Texas, Louisiana, and Mississippi—means the ruling has immediate and wide-reaching effects. Gun shops and federal firearm licensees (FFLs) in these states can now legally sell handguns to customers aged 18 to 20. Though the ruling technically applies only within the Fifth Circuit, the DOJ’s decision not to appeal may influence future litigation and encourage similar rulings in other federal circuits.
Legal experts believe the DOJ’s lack of appeal could signal a new approach by the Biden administration, particularly as it faces increasing legal scrutiny over federal gun control laws. By allowing lower court rulings to stand, the administration may be avoiding potentially broader defeats at the Supreme Court level.
Another Gun Control Law Left Unchallenged
This is not the first time in 2025 that the federal government has allowed an adverse ruling on gun laws to go unchallenged. Earlier this year, the DOJ also declined to appeal a Third Circuit decision that restored gun rights to a man who lost them due to a non-violent food stamp fraud conviction from the 1990s. In that case, the court determined that such a conviction should not result in a permanent loss of Second Amendment rights—particularly when it involved no violence or danger to public safety.
Together, these cases suggest a possible shift in how gun laws are challenged and defended in the courts. As legal momentum builds around the originalist interpretation of the Second Amendment, the federal government may be recalibrating its approach to avoid high-stakes losses before the nation’s highest court.
Regardless of the political implications, the decision to leave the Fifth Circuit ruling untouched is already being hailed as a significant constitutional milestone for young adults seeking full recognition of their right to keep and bear arms.
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