Appeals Court Rules Federal Ban On Interstate Handgun Sales Unconstitutional

Authored by Jill McLaughlin via The Epoch Times,

The Fifth Circuit Court of Appeals ruled 2-1 against the federal government’s ban on interstate transfers of handguns on Sept. 18, finding the nearly 60-year-old law was unconstitutional.

The ruling reverses provisions of the Gun Control Act of 1968 that prohibit handguns from being sold directly from licensed firearms dealers to buyers across state lines.

“The ban sullies the plain text of the Second Amendment and is inconsistent with the nation’s tradition of firearms regulation, dating back to the founding era, under that Amendment,” Circuit Judge Jerry Smith wrote in the ruling.

The court also rejected the lower court’s analysis when dismissing the lawsuit last year, determining that the historical record adequately justified the ban because colonial and state laws regulating the movement of firearms across borders satisfy conditions outlined in the Bruen ruling of 2022.

The Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen set a history-based standard: A new regulation must be consistent with the nation’s historical tradition of firearm regulation.

Smith wrote that the lower court’s analysis “stretches the historical record far beyond what it can actually bear.”

Circuit Judge Catharina Haynes dissented, agreeing with the lower court’s decision to dismiss the case last year.

“I agree with the district court’s decision that the several provisions of [the gun control act] discussed in this case are not unconstitutional under the Second Amendment,” Haynes wrote. “That is all that is in play in this case.”

The federal lawsuit was filed in January 2025 by Texas custom firearms dealer Elite Precision Customs LLC and out-of-state customers Tim Herron, a New Mexico-based grand master in the U.S. Practical Shooting Association, and Freddie Blish, a retired U.S. Marine Corps veteran who travels around the country teaching safe firearms handling for self-defense.

The Firearms Policy Coalition, a national gun rights organization, also joined the lawsuit against the federal government.

The plaintiffs argued the law prohibited people from directly purchasing handguns from licensed dealers outside their state of residence, while allowing them to buy rifles and shotguns.

Handgun buyers were forced to arrange transfers through a licensed dealer in their state, which required them to depend on another dealer agreeing to participate in the transaction and usually included more fees and delays, according to the Firearms Policy Coalition.

The Firearms Policy Coalition said the ruling was a win for people’s rights.

“This is a massive victory for the People and another major defeat for the federal government’s unconstitutional gun-control regime,” said the coalition’s President Brandon Combs in a statement. “Your right to keep and bear arms does not stop at your state line, and the government cannot make you pay a penalty just to exercise it.”

A district court in Texas granted the federal government’s motion to dismiss the lawsuit on Sept. 30, 2025, finding the sale restrictions didn’t function as a de facto prohibition on possession but were a reasonable commercial restriction enacted by Congress.

Congress passed the Sale Restrictions provision in 1968, finding that interstate commerce provided an easy way for citizens to evade states’ gun laws at the time, according to the lower court.