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U.S. Ban on Selling Guns to Adults Younger Than 21 Ruled Unconstitutional
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Gun control Should more gun control laws be enacted?

U.S. Ban on Selling Guns to Adults Younger Than 21 Ruled Unconstitutional

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Last Updated: • Article History

ProCon Debate: Should More Gun Control Laws Be Enacted?

ProCon Issue in the News: The U.S. Court of Appeals for the Fifth Circuit ruled on January 30, 2025, that the federal ban on selling guns to adults younger than 21 is unconstitutional, because it violates the Second Amendment.

Judge Edith H. Jones, appointed by Pres. Ronald Reagan, wrote,

The federal government has presented scant evidence that eighteen-to-twenty-year-olds’ firearm rights during the founding-era were restricted in a similar manner to the contemporary federal handgun purchase ban.

The ruling relied upon the 2022 U.S. Supreme Court decision in New York State Rifle and Pistol Association v. Bruen, which created a new framework for regulating guns. Per the League of Women Voters,

After Bruen, the constitutionality of gun laws will be based on whether the plain text of the Second Amendment protects the activities the laws are regulating. If it does, then “the government must affirmatively prove that its firearms regulation is part of the historical tradition” to set boundaries on gun use.

Sales of guns to adults younger than 21 have been banned since 1968, when the Gun Control Act was passed. Although some states have banned the possession of guns for those under 21, federal law does not prohibit possession or use by 18- to 20-year-olds.

Experts expect the debate to go to the U.S. Supreme Court because of disparate circuit court rulings, including the Eleventh and Tenth Circuit rulings that upheld Florida and Colorado bans in 2023 and 2024, respectively.

Discussion Questions

  1. Should gun sales to those younger than 21 be legal? Why or why not?
  2. What should be the minimum age for gun possession? Explain your answer.
  3. Which gun control or gun rights law would you like to see passed? Explain your answer.

Sources

  • Chip Brownlee, “Appeals Court Says 18-Year-Olds Can Buy Handguns, Teeing Up SCOTUS Battle” (January 31, 2025) thetrace.org
  • League of Women Voters, “Understanding the Supreme Court’s Gun Control Decision in NYSRPA v. Bruen” (July 12, 2022) lwv.org
  • Nate Raymond, “U.S. Ban on Gun Sales to Adults Under Age 21 Is Unconstitutional, Court Rules” (January 30, 2025) reuters.com