99 F.4th 831
5th Cir.2024Background
- Plaintiffs, aged 18–20, challenged expanded background check provisions for firearm purchases under the Bipartisan Safer Communities Act of 2022.
- Federal law requires background checks for firearm purchases from federally licensed dealers, with additional checks for individuals under 21 per the 2022 Act.
- Plaintiffs were initially delayed in their purchases due to the new procedures and sought a preliminary injunction against enforcement.
- The district court denied the injunction, concluding that such background checks are presumptively lawful and do not substantially burden Second Amendment rights.
- The Fifth Circuit reviewed the denial for abuse of discretion, focusing on Supreme Court precedent regarding the Second Amendment and background checks.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether expanded background checks for 18–20-year-olds are constitutional under the Second Amendment | The Act lacks a historical analogue and creates unlawful delays on firearm purchases | The Act's background checks fit within longstanding, lawful regulations and are not prohibitive | Background checks are presumptively lawful; no showing of abuse or unreasonableness |
| Whether the Act’s waiting period constitutes an abusive burden | Waiting periods are effectively indefinite and violate the right to immediate access | The law’s cap is 10 business days max; any extra delay is not mandated by law | 10 business days is not an abusive delay; extra delays from dealers’ policies don't implicate the law |
| Whether Bruen and Heller precedent require a historical analogue for these checks | Bruen demands the government demonstrate historical tradition for restrictions | Bruen and Heller recognize background checks as presumptively lawful and outside strict historical requirements | Supreme Court dicta and precedent control; no new historical showing required |
| Whether courts are bound by Supreme Court dicta on presumptive lawfulness of background checks | Dicta from Heller and Bruen can’t override express Second Amendment protections | Lower courts must follow Supreme Court dicta, especially when recent and detailed | Recent, detailed Supreme Court dicta supports upholding background check provisions |
Key Cases Cited
- N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) (clarified standard of review for Second Amendment claims; recognized presumptive lawfulness of shall-issue regimes with background checks)
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognized presumptive constitutionality of conditions on commercial sale of arms)