Imagine one Supreme Court ruling potentially changing the right to bear arms for tens of millions of young Americans in the blink of an eye. That’s what is on the line for the justices as they consider hearing McCoy v. ATF, a case that is sparking hot debate nationwide. To Second Amendment advocates, attorneys, and young people who are politically engaged, it’s a moment of possibility, of promise, and of doubt.
Since the historic Bruen ruling, gun rights bills have been moving at warp speed. And with a new circuit split and the rights of 18- to 20-year-olds up for grabs, everyone is waiting with bated breath for the Supreme Court’s next move. Here’s what you need to know about the most consequential 2A case in years and why it may flip your whole understanding of age and the right to keep and bear arms on its head.
1. The Supreme Court’s Mixed Messages about Gun Rights
Gun rights owners were anticipating a tide of victories after the 2022 Bruen decision. Bruen extended the concealed carry right and set a new standard: gun legislation has to stay in harmony with America’s historical heritage. But then the Supreme Court fell behind supporters, declining to hear cases against magazine limits and assault rifle prohibitions. As Copper Jacket TV’s William reports, “After waiting a year to see what would happen with those cases, gun owners’ hopes were raised and dashed when the Supreme Court declined to act.” McCoy is the hope now, but no assurance the justices will do so.
2. The Heart of McCoy v. ATF: Handgun Bans on Age
In McCoy v. ATF, at stake is a federal ban on 18- to 20-year-olds buying handguns from licensed sellers. Plaintiffs adults with the right to vote, serve in the armed forces, and enter into contracts are objecting that the ban targets them as second-class citizens. They were victorious in district court. But the 4th Circuit overturned, declaring, “there is a long-standing tradition of restricting firearm sales to persons under 21.” This 5-4 split ruling is what’s causing the Supreme Court to consider getting involved.
3. A Deep Circuit Split: 4th vs. 5th Circuit
Now it gets serious: The 5th Circuit just reversed the same federal handgun ban, calling it “inconsistent with the Second Amendment.” Their reasoning? The right to possess and bear arms is coupled with the right to acquire them, and “the people” refers to all adult law-abiding citizens yes, even those under 21. The 4th Circuit, however, referred back to medieval English law and a concern for public safety. This absolute conflict is the sort of disparity that, in the past, caused Supreme Court activity.
4. History, Tradition, and the Age of Majority
Everybody is bickering about history. The 5th Circuit invokes the Militia Act of 1792, which signed up 18-year-olds and required them to provide their own firearms. But legal historians counter that in the time of the Founding, 21 was the most common age, and juveniles could not enter into binding contracts, such as gun purchases. As has been characterised by one law professor, “The Second Amendment forbids age limits on gun purchase and use is a text, history, and tradition-free argument.” This originalist debate is at the heart of the case.
5. The Bruen Framework: Elevating the Legal Standard
Bruen raised the bar by requiring the courts to weigh whether modern-day gun laws aligned with traditional practices. The 5th Circuit had used this test in voiding the handgun prohibition, finding little precedent for similar prohibitions existing at the time of the founding. The 4th Circuit did find enough analogues to uphold the statute. Such uncertainty proves why Supreme Court guidance is so badly required. As Yale Law & Policy Review summarises, “The trouble with this analogy is that, unlike married women and racial minorities, children’s disabilities were not the result of animus, but rather the common law’s belief that children did not possess discrimination and rationality sufficient to enter fully into the polity.”
6. The Real-World Consequences for Young People
If the Supreme Court sides with the plaintiffs, it would effectively open handgun rights to millions of 18- to 20-year-olds. It would be a cataclysmic shift, not just for gun buyers but for the whole world of gun control. A positive ruling could also spur new challenges to other gun age limits. But if the Court does nothing, the divergence in the circuits will continue, with young adults in one court having rights denied to them in another a patchwork of law that is far from clear.
7. What Comes Next?
The Supreme Court is currently on break, but when it returns, it will probably make a decision on whether or not to grant certiorari on McCoy v. ATF. If they do take the case, it may redesign Second Amendment law for a whole generation. But if they don’t, the 4th Circuit opinion is left standing, and age restrictions remain the same. Meanwhile, gun rights activists are stirring, realising that, as William wrote, “the battle for gun rights is far from over.”
The next several months could see the Supreme Court rewriting what it means to be a rights-holding adult in America. Whether the justices agree with McCoy v. ATF or not, the age gun rights constitutional tradition controversy has never been more smouldering. For young adults, lawyers, and Second Amendment warriors, it’s one to watch because what happens next could set the tone for the gun rights battles of the coming years.
