714 F.3d 334
5th Cir.2013Background
- Dissenting from denial of rehearing en banc regarding challenges to federal laws prohibiting licensed gun dealers from selling handguns to persons under 21.
- Panel adopted a two-step framework: determine protection under the Second Amendment via historical traditions, then apply an intermediate form of scrutiny.
- Panel concluded the purchase restrictions likely fall outside the Second Amendment at step one or under a weak intermediate scrutiny.
- NRA filed to rehear en banc; majority denied rehearing by a narrow margin (7 in favor, 8 against).
- Dissent asserts 18–20-year-olds have core Second Amendment rights and that the assault on their rights cannot be justified by reliability or “irresponsible” classifications of that age group.
- Dissent argues Heller’s originalist approach requires looking to historical sources contemporaneous to the Amendment’s adoption, not broad 19th–20th century regulations drawn to justify modern age-based bans.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 18–20-year-olds have a core Second Amendment right | NRA argues 18–20-year-olds possess core rights under the Second Amendment | Panel treated the age group as outside core protections based on historical classifications | 18–20-year-olds have core Second Amendment protection |
| Appropriate level of scrutiny for age-based handgun purchase bans | NRA contends strict or heightened scrutiny is required, not weak intermediate scrutiny | Panel used a form of intermediate scrutiny | Panel’s intermediate scrutiny is flawed; higher scrutiny should apply under Heller |
| Historical methodology for interpreting the Second Amendment | Heller’s originalist methodology requires close historical analysis of source materials | Panel relied on broad historical “founding era attitudes” | Original meaning requires precise, contemporaneous historical examination; panel erred |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (establishes an individual right to keep and bear arms and limits interest-balancing)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (S. Ct. 2010) (incorporates Second Amendment rights against states)
- Heller v. District of Columbia (Heller II), 670 F.3d 1244 (D.C. Cir. 2011) (discusses originalist approach and limits of regulation)
- Craig v. Boren, 429 U.S. 190 (U.S. 1976) (strikes down gender-based drinking age restrictions; relevance to tailored regulation)
- Buckley v. Valeo, 424 U.S. 105 (U.S. 1976) (illustrates strict vs. intermediate scrutiny standards in constitutional analysis)