Unconstitutional Interstate Handgun Sales: The Fifth Circuit Opinion

In Elite Precision Customs L.L.C. v. ATF, the Fifth Circuit Court of Appeals invalidated federal laws that prohibit the interstate sale and delivery of handguns to nonresidents. The court determined that because the Second Amendment protects the right to acquire firearms, any categorical ban on such purchases is presumptively unconstitutional. Applying the legal framework established in Bruen, the judges found that the government failed to provide sufficient historical analogues from the founding era to justify these modern restrictions. The ruling emphasizes that while the government can impose neutral conditions like background checks, it cannot create functional prohibitions that burden the exercise of constitutional rights through excessive fees or delays. Ultimately, the court reversed the lower court's dismissal, concluding that the Nonresident Handgun Purchase Ban lacks a proper foundation in American tradition.