Nearly two years ago, our very first post covered a Second Amendment challenge to the federal law banning the sale of handguns by federally licensed dealers to 18-20 year olds. Judge Cummings has ruled in that case, as well as a companion case challenging Texas’ laws that ban individuals under 21 (excluding those who served or are serving in the military) from carrying concealed handguns, in the governments’ favor.
Specifically, Judge Cummings held in Jennings v. BATFE (decision available here) that (i) Federal statutes and regulations that ban the sale by federal firearm license holders of handguns and handgun ammunition to persons under the age of twenty-one do not violate the Second Amendment, as it is within Congress’ power to determine “the age of the customer to whom those licensed by the federal government may sell handguns and handgun ammunition”; and (ii) the Equal Protection Clause does not bar Congress from setting such age limits.
In Jennings v. McCraw, Judge Cummings held (decision available here) that Texas statutes prohibiting persons under the age of 21 (who have not served or are not serving currently in the military) from carrying a handgun outside the home similarly did not violate the Second Amendment or the Equal Protection Clause.
The cases are now on appeal to the Fifth Circuit.
Plaintiffs are represented by Charles Cooper, David Thompson, and Peter Patterson, all of Cooper and Kirk PLLC; Brian Koukoutchos, of the Law Office of Brian S. Koukoutchos; and Fernando Bustos, of the Law Offices of Fernando M. Bustos, P.C.
BATFE is represented by Daniel Riess and Jessica Leinwand, both of the United States Department of Justice.
McCraw is represented by Drew Harris and Jonathan Mitchell, both of the Office of the Texas Attorney General.