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Fifth Circuit Strikes Down Federal Restrictions on Direct Interstate Handgun Purchases

The 2-1 ruling says the nearly 60-year-old restriction conflicts with the Second Amendment and forces buyers to pay extra fees and delays.

  • On Friday, The Fifth Circuit Court ruled 2-1 against the federal government's ban on interstate handgun transfers, striking down provisions of the nearly 60-year-old Gun Control Act.
  • A lawsuit filed by Texas-based Elite Precision Customs LLC and out-of-state customers Tim Herron and Freddie Blish argued the law prohibited direct handgun purchases while allowing rifles and shotguns.
  • Fifth Circuit Judge Jerry Smith, joined by Kurt Engelhardt, wrote the ban violates the Second Amendment and fails the history-based standard set by The Supreme Court in its 2022 Bruen ruling.
  • Disagreeing with the majority, Judge Catharina Haynes dissented, asserting the contested provisions are not unconstitutional, as the lower court previously ruled.
  • President Brandon Combs of The Firearms Policy Coalition called the ruling a "massive victory," stating the right to bear arms "does not stop at your state line.
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Appeals Court Rules Federal Ban on Interstate Handgun Sales Unconstitutional

‘The ban sullies the plain text of the Second Amendment,’ the judge wrote.

·New York, United States
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RedState broke the news in Camarillo, United States on Friday, September 18, 2026.
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