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Reese v. ATF (now FPC v. ATF on appeal)

United States Court of Appeals for the Fifth Circuit

Filed: November 6, 2020

Status: Active

Docket No: 26-30154


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Federal law prohibits a federal firearm licensee (“FFL”) from selling/transferring a firearm to an individual under twenty-one years old. States are free to regulate the acquisition and possession of handguns as they see fit. As a result, in a number of states, an 18-20-year-old (“Young Adult”) may acquire a handgun, but not directly from an FFL, leaving them to the mercy of the secondary market and without the ability to purchase a new handgun of their preference. 

The Second Amendment’s plain text, as informed by this nation’s history and tradition, reveals that prohibiting the purchase of handguns by Young Adults is constitutionally impermissible. There were no colonial or founding era laws that restricted the rights of Young Adults to keep and carry arms.

On November 6, 2020, the Second Amendment Foundation, filed suit with two other civil rights organizations, and two Young Adults, challenging the federal ban on handgun purchases from FFLs by those who are between the ages of 18 and 21. The lawsuit asks a federal court to declare the handgun purchase ban unconstitutional as it infringes upon the Second Amendment and enjoin the Defendants from enforcing the ban.

To view documents filed on appeal, please visit the Court of Appeals docket.

Case Team: George Armbruster, Raymond DiGuiseppe, Joseph Greenlee, David Thompson, Peter Patterson, Will Bergstrom

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Recent Docket Activity

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May 11th, 2026

BRIEFING NOTICE ISSUED. A/Pet's Brief Due on 06/22/2026 for Appellants/Cross-Appellees Firearms Policy Coalition, Incorporated, Louisiana Shooting Association and Second Amendment Foundation. [26-30154] [Entered: 05/11/2026 12:57 PM]

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April 17th, 2026

SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 6:20-CV-1438. Electronic ROA due on 05/04/2026. [26-30154] [Entered: 04/17/2026 11:46 AM]

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April 17th, 2026

ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No. Electronic ROA deadline satisfied. [26-30154] [Entered: 04/17/2026 11:36 AM]

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April 17th, 2026

INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process for Cross-Appeal filed 03/30/2026. [27] Initial AA Check Due satisfied. [26-30154] [Entered: 04/17/2026 11:41 AM]

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April 7th, 2026

LETTER OF ADVISEMENT. Reason: Advising parties of the updated caption to be used in all future filings. [26-30154] [Entered: 04/07/2026 09:40 AM]

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April 3rd, 2026

CASE CAPTION updated. Cross appeal filed. [20] Parties updated: Appellants/Cross-Appellees Firearms Policy Coalition, Incorporated, Second Amendment Foundation and Louisiana Shooting Association, Appellees/Cross-Appellants Bureau of Alcohol, Tobacco, Firearms, and Explosives, Daniel Driscoll, Acting Director, U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives and Pamela Bondi, U.S. Attorney General in 26-30154. NOA filed by Appellees Ms. Pamela Bondi, U.S. Attorney General, Bureau of Alcohol, Tobacco, Firearms, and Explosives and Mr. Daniel Driscoll, Acting Director, U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. [20] [26-30154] [Entered: 04/03/2026 03:10 PM]

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April 1st, 2026

APPEARANCE FORM FILED by Attorney David H. Thompson for party Appellant Firearms Policy Coalition, Incorporated Appellant Louisiana Shooting Association Appellant Second Amendment Foundation, in case 26-30154. [26-30154] [Entered: 04/01/2026 07:30 AM]

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      © SECOND AMENDMENT FOUNDATION. All rights reserved.
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