Fifth Circuit ruling on interstate handgun sales

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has struck down a federal prohibition on direct interstate handgun sales, ruling the ban violates the Second Amendment.

In the case of Elite Precision Customs v. ATF, the court reversed a previous district court decision. The ruling specifically addresses provisions of the 1968 Gun Control Act that prevented licensed dealers from selling handguns directly to customers residing in different states. While the law permitted certain exceptions for long guns, handgun sales often required an intermediary dealer, leading to additional fees and delays.

The court rejected arguments from the Department of Justice that attempted to justify the restriction using historical colonial and state laws. 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 further noted that requiring additional costs to exercise a fundamental right was unconstitutional. Judge Catharina Haynes issued a dissent, arguing the provisions remained constitutional.