Fifth Circuit Strikes Down Federal Ban on Interstate Handgun Purchases

The Fifth Circuit has ruled that the federal ban on direct handgun sales violates the Second Amendment. 

Elite Precision Customs, Tim Herron, Freddie Blish, and the Firearms Policy Coalition sued the Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Attorney General Todd Blanch, and Daniel Discholl, Acting Director of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

The 17-page ruling said that the ban on direct sales harmed Elite Precision Customs, a Texas-based firearms manufacturer and dealer, because it can’t sell across state lines. 

Two of the plaintiffs, Tim Herron and Freddie Blish, live in Arizona and New Mexico, respectively, but can’t buy firearms from the Texas dealer because of the ban. 

The court ruled that the founding-era regulation doesn't apply to modern day handgun sales. 

“A more nuanced approach at a lower level of generality is required, and, under that standard, founding-era laws regulating the sale of arms and ammunition are inapposite to modern-day prohibitions of interstate handgun sales and transfers," the ruling read.

“The Ban sullies the plain text of the Second Amendment and is inconsistent with the nation’s tradition of firearms regulation, dating back to the founding era, under that Amendment.”

BREAKING: In a 2-1 vote, the Fifth Circuit ruled that the federal ban on direct interstate handgun sales violates the Second Amendment. pic.twitter.com/LT1WW93W7u

— SCOTUS Wire (@scotus_wire) September 18, 2026

🚨BREAKING🚨

The Fifth Circuit just struck down the unconstitutional federal ban on purchasing handguns across state lines.

“The Ban sullies the plain text of the 2A & is inconsistent with the nation’s tradition of firearms regulation, dating back to the founding era.” pic.twitter.com/1yLcSokXNT

— Gun Owners of America (@GunOwners) September 18, 2026

The Firearms Policy Coalition welcomed the win. 

“This is a massive victory for the People and another major defeat for the federal government’s unconstitutional gun-control regime. Your right to keep and bear arms does not stop at your state line, and the government cannot make you pay a penalty just to exercise it. The Fifth Circuit got it exactly right: this is a purchase ban, it is presumptively unconstitutional, and the government failed to justify it. We told the federal government we were coming for this ban, and today we beat them,” said FPC President Brandon Combs.

FPC VICTORY: Fifth Circuit Strikes Down Federal Interstate Handgun Purchase Ban https://t.co/8vb2Ymm8vY

— Firearms Policy Coalition (@gunpolicy) September 18, 2026

I don't know where FPC's post went....but we have a ruling in Elite Precision from the Fifth Circuit. Congrats to them on the win. It strikes down the federal nonresident handgun purchase ban. (Residents of CA: do not get excited yet)

My favorite part besides it being a win: pic.twitter.com/50Y7wtDO0K

— Kostas Moros (@MorosKostas) September 18, 2026

The Fifth Circuit’s conclusion was unequivocal: “The Ban sullies the plain text of the Second Amendment and is inconsistent with the nation’s tradition of firearms regulation.” The Court reversed the district court and rendered judgment for FPC and the other plaintiffs.

— Firearms Policy Coalition (@gunpolicy) September 18, 2026

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