The case Reese v. ATF challenges the prohibition on 18-to-20-year-olds from purchasing handguns. Victorious at the Fifth Circuit, they’re now working towards a final judgment at the district court level, but the Department of Justice has taken a position that’s not sitting well with Second Amendment advocates.
After the U.S. Fifth Circuit Court of Appeals delivered an opinion on Reese v. ATF, the case was remanded for final judgment to the District Court for the Western District of Louisiana. The circuit court concluded that “the Second Amendment includes eighteen-to-twenty-year-old individuals among ‘the people’ whose right to keep and bear arms is protected.” The plaintiffs filed an important brief on Friday in support of their proposed judgment.
The government ended up exhausting their timeline to appeal the case to the U.S. Supreme Court. When remanded back to district court, both the plaintiffs and the government filed proposed judgments because “a good faith attempt to reach agreement with Government” failed.
The plaintiffs are proposing the government be enjoined from enforcing prohibitions on the sale of handguns to all eighteen-to-twenty-year-old members. The government is requesting that the law be enjoined only “with respect to the identified and verified persons described” in the proposed judgment. In short, the government essentially wants the order to apply only to the individual plaintiffs, not every member of the associations who are part of the lawsuit, which include the Second Amendment Foundation, Firearms Policy Coalition, and Louisiana Shooting Association.
“The laws challenged in this case prevent 18-to-20-year-old adult Americans from acquiring handguns or handgun ammunition in the ordinary commercial market. The Fifth Circuit has held that those laws and their supporting regulations are unconstitutional under the Second Amendment,” the filing states. “And now the Government has taken the position that even so, Plaintiffs should be entitled only to illusory relief and the Government should be free to continue to enforce these unconstitutional restrictions against Plaintiffs’ affected members as though they never brought and won this suit.”
The 19-page brief goes on to explain why the final judgment should not give deference to the government by delivering what would amount to an as-applied opinion. Given the amount of time it takes to bring such cases to completion, many plaintiffs are mooted out by coming of age before there are any final judgments—something the government incorporated in their proposed order.
“What’s at stake now is the scope of the injunction–meaning, which young adults will be able to exercise their rights,” said Second Amendment Foundation’s Director of Legal Operations Bill Sack. “Although it chose not to appeal the Fifth Circuit’s ruling, it is now the ATF’s position that the scope of relief should be so narrow as to cover literally no one. That position is contrary to well-settled law. SAF sued on behalf of its members, and the relief SAF won in the Fifth Circuit flows to those very members. All SAF members should be covered by this injunction.”
“SAF’s victory in this case rightly applies to all of our members, and that is precisely what this brief makes clear,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The government cannot continue to trounce on the Second Amendment rights of young adults by trying to avoid the practical effectiveness of an injunction mandated by a federal circuit court.”
The Firearms Policy Coalition had some harsh words for the Department of Justice. FPC said the government’s brief was full of “brazen arguments” and that “the DOJ is working to push all effective, cause-driven organizations … out of court altogether, and force people to pursue their rights through slow, complex, and expensive class-action lawsuits.” FPC alleges that these moves are all part of a new government ploy.
“The DOJ’s cynical scheme to undermine associational standing and relief for our members is nothing but an attempt to put constitutional accountability out of the reach of ordinary Americans,” Firearms Policy Coalition President Brandon Combs said in a statement. “The federal government, having lost on the merits, is now trying to rig the process. But we will not be deterred. While the government has placed FPC and our members in its crosshairs, we are proud to expose and oppose this dangerous strategy as we pursue a world of maximal liberty for all peaceable people.”
We’re allegedly living at a time when the most pro-Second Amendment administration is in power. The government yielding by allowing the clock to run out on appealing to the High Court certainly was a win, but not if in the next breath they’re saying that the relief the plaintiffs are seeking should be grossly limited. The Fifth Circuit was clear when it said that 18-to-20-year-olds are part of “the people,” there should be no further argument—yet here we are.
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