NRA Lawsuit Challenging Federal Gun Laws Dismissed by Appeals Court

Oct 25, 2012

Washington, D.C. – In a first-of-its-kind ruling, the U.S. Court of Appeals for the 5th Circuit today affirmed the dismissal of the National Rifle Association’s challenge to federal gun laws prohibiting teens and young adults, ages 18-20, from buying handguns from gun dealers. 

The ruling marked the first time a federal appeals court considered the validity of restricting handgun sales to those under age 21 since the Supreme Court’s ruling in District of Columbia v. Heller announcing a narrow Second Amendment right to possess a gun in the home for self-defense.  The unanimous court agreed that the “central right” protected by the Second Amendment is a narrow right to self-defense in the home and that federal laws restricting handgun sales to young people are reasonable because “preventing handguns from easily falling into the hands of 18-to-20 year olds remains critical to public safety.”

The court agreed with a brief filed by the Brady Center arguing that the law was a reasonable public safety measure. 

“We are pleased that this court has affirmed that the Second Amendment allows for common sense gun laws restricting teens from buying handguns from gun dealers,” said Jon Lowy, Director of the Brady Center’s Legal Action Project. “Eight children and teens are shot to death every day in America. We are better than this, and it’s crucial that we protect our children and communities by preventing guns from falling into the hands of dangerous people.”

The opinion was written by Judge Edward Prado, first appointed by President Reagan to the U.S. District Court and then nominated by President George W. Bush to the 5th Circuit.  Judge Catharina Hayes, also appointed by President George W. Bush, and Judge Carolyn King, appointed by President Jimmy Carter, joined the opinion.

This ruling follows a string of legal victories for preventing gun violence since the Supreme Court’s ruling in District of Columbia v. Heller that the Second Amendment narrowly protects a right to possess a handgun in the home for self-defense.  Despite more than 500 challenges to gun laws nationwide by the gun lobby and gun criminals, courts have overwhelmingly upheld the validity of gun laws keeping guns away from dangerous people and restricting public gun possession.

The Brady Center’s brief cited studies showing that people under 21 often lack the same ability as adults to “govern impulsivity, judgment, planning for the future, and foresight of consequences.”  People aged 18-20 fall within the age range of offenders for highest rates of homicide and criminal gun possession.  The Brady Center’s brief was joined by the Student Government and Graduate Student Assembly of the University of Texas at Austin on behalf of the campus’ 62,000 students, along with the Texas organizations Mothers Against Teen Violence, the Texas Chapters of the Brady Campaign to Prevent Gun Violence, and Students for Gun-Free Schools in Texas.

###

The Brady Campaign is the nation's largest citizens' lobby to prevent gun violence. We represent the voice of the overwhelming majority of Americans who are tired of living with the constant tragedy of gun violence and are in favor of strong laws and policies that will save lives. We are the light that exposes politicians who are putting the American people at risk, empowering the American people to hold them accountable for decisions and actions that undermine public safety.

We are driven by the focused vision of a nation where all Americans are safe at home, at work, at school, and in our communities.

Dan Gross is the President of the Brady Campaign and the Brady Center to Prevent Gun Violence. A photo and more information about Dan Gross is available here.

For more insight on gun violence prevention, follow The Brady Blog, Facebook Page and Twitter Account.

Brady News Releases are available via RSS