Fifth Circuit Court Strikes Down Federal Interstate Handgun Ban

The United States Court of Appeals for the Fifth Circuit ruled 2-1 on September 18, 2026, that the federal ban on direct interstate handgun sales violates the Second Amendment. The decision reverses a lower court's dismissal of a lawsuit filed in January 2025 by Elite Precision Customs, the Firearms Policy Coalition, and individuals Tim Herron and Freddie Blish.

The court found that provisions of the Gun Control Act of 1968, which prohibit licensed dealers from selling handguns directly to out-of-state buyers, are inconsistent with the nation's historical tradition of firearms regulation. The majority held that the right to keep arms includes the right to purchase them, effectively removing the requirement for buyers to arrange transfers through a licensed dealer in their home state.

Judge Catharina Haynes dissented from the majority, arguing that the provisions are not unconstitutional. Brandon Combs, president of the Firearms Policy Coalition, characterized the ruling as a massive victory for the people and a defeat for the federal government's gun-control regime.