BELLEVUE, Wash. — June 22, 2026 — The Second Modification Basis (SAF) and its companions have filed their opening temporary in a case difficult the scope of the injunction granted to the plaintiffs after the Fifth Circuit dominated that the federal firearms buy ban for adults underneath 21 was unconstitutional.
Final 12 months, a three-judge panel of the Fifth U.S. Circuit Court docket of Appeals held that the legislation stopping the acquisition of firearms by adults underneath 21-years-old was unconstitutional underneath the Second Modification and remanded the case again to the district court docket for entry of judgment. The judgment entered by the district court docket, nonetheless, severely restricted the scope of the injunction, permitting the federal government to proceed imposing the legislation in opposition to the overwhelming majority of SAF members and its associate organizations. The injunction restricted reduction to these members who reside within the geographic bounds of the Fifth Circuit (Texas, Mississippi and Louisiana) and who had been members on the time the judgment was entered (January 27, 2026). Neither of those restrictions is supported by legislation.
“What the federal government has mentioned outright right here is ‘we acknowledge that the Fifth Circuit has held the legislation to be unconstitutional, however we wish to nonetheless implement it in opposition to nearly everybody,’” mentioned SAF Govt Director Adam Kraut. “The federal government has accomplished every thing doable to maintain disenfranchising 1000’s of adults by ridiculous calls for on the plaintiff organizations, all to no avail. We filed the temporary at the moment outlining why the restricted scope of the judgment is legally and constitutionally improper. We’re optimistic the Fifth Circuit will repair this unconstitutional overreach by granting the complete scope of reduction SAF has fought for and gained on behalf of its members.”
As famous within the temporary, “This Court docket ought to reverse and remand with directions to enter a judgment that gives injunctive reduction that covers the entire Plaintiff Group’s 18-to-20-year-old members. Whereas the district court docket appropriately granted injunctive reduction on this case, it erred in defining the scope of that reduction. The overall precept of injunctive reduction, reaffirmed many instances by this Court docket and the Supreme Court docket, is {that a} district court docket ought to endeavor the place doable to afford an injured social gathering full reduction for his or her accidents.” SAF is joined within the case, FPC v. ATF (previously Reese v. ATF) by the Louisiana Capturing Affiliation and Firearms Coverage Coalition.
“We’ve been preventing this absurd handgun buy ban on adults who’re 18-20 years previous for greater than half a decade now,” mentioned SAF founder and Govt Vice President Alan M. Gottlieb. “There is no such thing as a doubt adults on this age vary are a part of ‘the Folks,’ and it’s excessive time the federal government stopped preventing the inevitable. We’ve already secured a good ruling within the case that the federal government didn’t even enchantment. The scope of that ruling must be fastened to offer the reduction the Fifth Circuit supposed that every one SAF members be granted.”
SAF can also be supporting a sister case, West Virginia Residents Protection League v. ATF, difficult the identical federal legislation, which is presently pending a petition for certiorari earlier than the Supreme Court docket.
For extra info go to SAF.org.
The Second Modification Basis (saf.org) is the nation’s oldest and largest tax-exempt schooling, analysis, publishing and authorized motion group devoted to safeguarding and selling the basic rights of people enshrined within the Second Modification of the US Structure. SAF engages in aggressive authorized motion to make sure the rules of armed self-defense, private liberty, and the possession of arms are defended, secured, and restored. Via public schooling initiatives, SAF teaches the significance of the Second Modification to advertise a society that values and workout routines the fitting to maintain and bear arms.
