The Aporia · Restriction on Handgun Sales to Out-of-State Residents Violates Second Amendment

In a recent ruling by the Fifth Circuit Court of Appeals, Judge Jerry Smith and Judge Kurt Engelhardt ruled that a federal ban restricting out-of-state residents from purchasing handguns violates the Second Amendment. The decision, which overturns previous court opinions, emphasizes that placing additional fees on handgun purchases is an undue infringement on constitutional rights. Judge Catharina Haynes dissented from this ruling, supporting the district court’s original decision to uphold the law.

Written locally by qwen2.5:14b on 2026-09-19, using this article's own text rather than the other coverage of the same event (that is the story summary below).

Story summary

In Elite Precision Customs L.L.C. v. BATFE, Fifth Circuit Judge Jerry Smith ruled alongside Judge Kurt Engelhardt that a federal ban restricting handgun sales to out-of-state residents violates the Second Amendment. The court rejected arguments that such restrictions are minor and still allow ample access, citing prior cases like Mance v. Sessions. The decision asserts that even small costs attached to exercising constitutional rights must be scrutinized carefully. The judges emphasized that the licensing regime places financial burdens on individuals seeking to exercise their right to bear arms across state lines, undermining the Second Amendment's protections. This ruling is seen as a significant step in expanding gun rights interpretations following Bruen and its subsequent cases.

Written for “Gun Control Lawsuit” on 2026-10-04, grounded in this article and the 0 other(s) covering the same event.

📰 Gun Control Lawsuit

Politics · 1 article(s) covering the same event.

Article leaning vs. publisher reliability

Source leaning vs. consistency

This article reads leans strongly right and hedges 14% of its claims. Each row says how that neighbour differs.

Second Amendment Roundup: 5th Circuit En Banc to Rehear Felon Gun Ban Cases different event · 90%

Reason

⚖️ Leans right further left than this 🔴 5% hedged 2 of 38 📰 publisher trust 66

“Article A discusses en banc rehearings in cases challenging felon gun bans, while Article B mentions a decision about restricting handgun sales to out-of-state residents.”

Ban on selling handguns to young adults under 21 deemed unconstitutional, DOJ says different event · 90%

New York Post

⚖️ leaning not scored 🔴 15% hedged 2 of 13 📰 publisher trust 64

“Article A discusses a DOJ legal opinion on a federal law banning handgun sales to young adults under 21, while Article B refers to a court decision by the Fifth Circuit Judge regarding restrictions on out-of-state residents.”

Ban on selling handguns to young adults under 21 is unconstitutional: U.S. Justice Department different event · 85%

The Hindu

⚖️ leaning not scored 🔴 17% hedged 2 of 12 📰 publisher trust 60

“The articles discuss different bans: one restricts out-of-state handgun sales, while the other prohibits licensed dealers from selling handguns to young adults under 21.”

DOJ says ban on selling handguns to young adults under 21 is unconstitutional different event · 80%

CBS News

⚖️ leaning not scored 🔴 0% hedged 0 of 12 📰 publisher trust 66

“Article A discusses a DOJ legal opinion regarding handgun sales to individuals aged 18-20, while Article B refers to a court decision by Fifth Circuit Judge Jerry Smith on restrictions for out-of-state residents.”

Ban on selling handguns to young adults under 21 is unconstitutional, Justice Department says different event · 80%

Toronto Star

⚖️ leaning not scored 🔴 0% hedged 0 of 3 📰 publisher trust 63

“The articles discuss different aspects of firearms legislation and do not refer to the exact same legal ruling or ban.”

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Ban Ban's Elite Precision Customs L.L.C. Fifth Circuit Judge Second Amendment

BATFE PERSON · 1× Bruen GPE · 1× Catharina Haynes PERSON · 1× David H. Thompson PERSON · 1× Elite Precision Customs L.L.C. ORG · 1× Fifth Circuit Judge ORG · 1× Jerry Smith PERSON · 1× Kurt Engelhardt PERSON · 1× Mance PERSON · 1× Sessions PERSON · 1×

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent So held Elite Precision Customs L.L.C. v. BATFE, decided today by Fifth Circuit Judge Jerry Smith, joined by Kurt Engelhardt; a very short excerpt of the reasoning, but you can see the opinion for a lot more: It is no defense of the Ban's constitutionality to theorize that it is only a minor infringement of Second Amendment rights that still "allow[s] ample access to handguns by those who are permitted to possess and purchase them under state and local laws." Mance v. Sessions (5th Cir. 2018) (rejecting a pre-Bruen challenge to the Ban)….

framing: assertive · carried by 1 article(s) · first seen 2026-09-19

🔮 To the extent that prior decisions from this court hint there is an acceptable cost that may be imposed on the basic exercise of Second Amendment rights, they are abrogated by Bruen and its progeny.

2026-09-19 · Reason

Restriction on Handgun Sales to Out-of-State Residents Violates Second Amendment · assertive framing

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent So held Elite Precision Customs L.L.C. v. BATFE, decided today by Fifth Circuit Judge Jerry Smith, joined by Kurt Engelhardt; a very short excerpt of the reasoning, but you can see the opinion for a lot more: It is no defense of the Ban's constitutionality to theorize that it is only a minor infringement of Second Amendment rights that still "allow[s] ample access to handguns by those who are permitted to possess and purchase them under state and local laws." Mance v. Sessions (5th Cir. 2018) (rejecting a pre-Bruen challenge to the Ban)…. asserted

who → hold → Ban

Even to the extent that the Ban can be circumvented by the licensee-to-licensee transfer workaround (which vests full veto power over interstate handgun sales in a group of third parties financially dependent on the government's licensing regime), the Ban invariably calls for the payment of a fee over and above the cost of a handgun. asserted

Ban → circumvent → handgun

We must pause before endorsing a cost attached to the exercise of a fundamental constitutional right. asserted

We → pause → right

To the extent that prior decisions from this court hint there is an acceptable cost that may be imposed on the basic exercise of Second Amendment rights, they are abrogated by Bruen and its progeny. uncertain

they → hint → Bruen

Judge Catharina Haynes dissented, stating she agreed with the district court's decision upholding the law. asserted

she → dissent → law

David H. Thompson, Peter A. Patterson, and William V. Bergstrom (Cooper & Kirk, PLLC) and Cody J. Wisniewski (FPC Action Foundation) represent plaintiffs. asserted

Thompson → represent → plaintiffs

Note that the Firearms Policy Coalition has in the past retained me to file some amicus briefs on their behalf, but I was not at all involved in this particular case. asserted

I → note → case

Restriction on Handgun Sales to Out-of-State Residents Violates Second Amendment

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