Fifth Circuit strikes down interstate handgun sales ban

A federal appeals court has struck down a long-standing ban on direct interstate handgun sales, ruling that the prohibition violates the Second Amendment. The decision was issued by a three-judge panel of the United States Court of Appeals for the Fifth Circuit in the case of Elite Precision Customs v. ATF.

The ruling addresses provisions of the 1968 Gun Control Act that prevented licensed firearms dealers from selling handguns directly to customers residing in different states. While the law allowed for certain long-gun exceptions, handguns were subject to restrictions that often required an additional intermediary dealer, resulting in extra fees and delays for buyers.

Writing for the majority, Judge Jerry E. Smith stated that the ban “sullies the plain text of the Second Amendment and is inconsistent with the nation’s tradition of firearms regulation.” The court noted that even if the ban could be circumvented through licensee-to-licensee transfers, the requirement to pay additional costs to exercise a fundamental right was unconstitutional. Judge Catharina Haynes dissented, arguing that the provisions were constitutional under the Second Amendment.