"A Judge in the case Reese v. ATF just ordered the Second Amendment Foundation and the Firearms Policy Coalition to turn over a verified list of their members to ATF to enforce a judgement in the case Reese v. ATF."
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Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, No. 23-30033 (5th Cir. 2025)
Justia Opinion Summary
The case involves a challenge to the constitutionality of 18 U.S.C. §§ 922(b)(1) and (c)(1), which prohibit Federal Firearms Licensees (FFLs) from selling handguns to individuals aged eighteen to twenty. The plaintiffs, including individuals in this age group and several nonprofit organizations, argue that these provisions infringe on their Second Amendment rights and deny them equal protection under the Fifth Amendment.
The United States District Court for the Western District of Louisiana found that the plaintiffs had standing but dismissed the case under Rule 12(b)(6). The district court assumed that the Second Amendment's plain text covered the purchase of firearms by eighteen-to-twenty-year-olds but concluded that the prohibition was consistent with the nation's historical tradition of firearm regulation, relying on the framework established by the Supreme Court in New York Rifle & Pistol Assn, Inc. v. Bruen.
The United States Court of Appeals for the Fifth Circuit reviewed the case and concluded that the Second Amendment does cover the right of eighteen-to-twenty-year-olds to purchase firearms. The court found that the historical evidence presented by the government, including 19th-century laws, was insufficient to establish a tradition of restricting firearm rights for this age group in a manner similar to the contemporary federal handgun purchase ban. The court emphasized that the Second Amendment's protections extend to all law-abiding, adult citizens, including those aged eighteen to twenty.
The Fifth Circuit held that 18 U.S.C. §§ 922(b)(1) and (c)(1) and their attendant regulations are unconstitutional as they are inconsistent with the nation's historical tradition of firearm regulation. The court reversed the district court's judgment and remanded the case for further proceedings consistent with its opinion.
https://law.justia.com/cases/federal/appellate-courts/ca5/23-30033/23-30033-2025-01-30.html
'DOJ Moves to Amend Court Judgment Demanding Membership Lists in Reese v. ATF'
"On October 10, the Department of Justice and plaintiffs in Reese v. ATF filed a joint motion to amend the judgment of a Louisiana District Court earlier this week, which compelled gun rights groups to turn over their membership lists by October 28."
"Gun rights groups came out aggressively against the District Court judgment, and there was some confusion in the community about the Department of Justices position on this ruling."
"In our earlier reporting, we overlooked and omitted this statement by the DOJ in their initial response brief:"
'To be sure, the organizational members may have a First Amendment right to decline to disclose the identity of their members to Defendants') "
https://www.news2a.com/national/doj-moves-to-amend-court-judgment-requesting-membership-lists-in-reese-v-atf/