Gun rights groups push Fifth Circuit for ruling, not just DOJ promise
A federal court fight over handgun sales to young adults isn't over just because the Trump administration says it won't enforce the law anymore. Gun rights groups say a policy promise isn't the same as a binding court order, and they're pushing the Fifth Circuit to say so too.
Snapshot
In Reese v. ATF, the Firearms Policy Coalition, Second Amendment Foundation, and Louisiana Shooting Association are fighting DOJ's claim that the case is moot now that the department has stopped enforcing the federal ban on commercial handgun sales to adults under 21. FPC's new brief, filed Wednesday according to Bearing Arms, argues the executive branch's nonenforcement stance doesn't erase the underlying law or guarantee lasting protection for gun owners.
Key points
- The law stays on the books: Even with DOJ declining to enforce it, the federal prohibition on handgun sales to under-21 adults remains in place and could be revived by a future administration.
- Fifth Circuit precedent already favors plaintiffs: The appeals court has ruled the ban unconstitutional, but a district judge limited relief only to plaintiff-organization members within the Fifth Circuit at the time of filing.
- Voluntary cessation doctrine: FPC's brief cites legal precedent holding that a defendant's voluntary change in conduct doesn't moot a case unless it's "absolutely clear" the wrongful conduct won't recur.
- Enforcement proof lacking: FPC contends DOJ hasn't shown that ATF has actually implemented the nationwide nonenforcement policy it's citing.
Quick take
Bearing Arms' Cam Edwards argues that executive promises shouldn't substitute for judicial rulings, writing that constitutional rights shouldn't depend on which administration holds power, and he says he hopes the Fifth Circuit agrees with the Reese plaintiffs' broader argument.
Read the full story: bearingarms.com