New Jersey’s multi-layered statutory regime, in concert with federal regulation, categorically bars legal adults under the age of 21 years old from acquiring, possessing or carrying handguns for self-defense. It likewise prevents the same young adults from purchasing handgun ammunition.

The ban has the practical effect of denying the right to bear arms at home and in public for self-defense to thousands of adults purely based on their age. These peaceable adults are part of the “the people” as contemplated by the Second Amendment, and as confirmed by the binding Third Circuit Court of Appeals precedent SAF established in Lara v. Paris.

In addition to New Jersey state law, the case also challenges federal regulation that denies adults under 21 the ability to acquire a handgun through a federal fireamrs licensee (FFL). New Jersey prohibits any private party transfer of a handgun from taking place without going through and FFL. And federal regulation prevents young adults from completing transfers through FFLs. In short, New Jersey state law closes one pathway for lawful acquisition of a handgun, while the federal ban closes the other. The result is a near-total ban on the ability right to acquire a handgun, with the only exception being gifts from immediate family members. As our case makes clear, a fundamental right contingent on the capability and consent of an independent third party is not actually a right.

On June 9th, 2025, Second Amendment Foundation, joined by New Jersey Firearms Owners Syndicate and New Jersey resident Lily Hague filed suit. The lawsuit asks the federal courts to clear the way for the lawful acquisition, possession, and carry of handguns in New Jersey by adults under 21 by granting declaratory and injunctive relief to the New Jersey and federal statutory and regulatory regimes which prevent them from doing so. 

Case Team: Raymond DiGuiseppe, Brad Lehman

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