The Aporia
Volokh, E. (2026, September 18). Restriction on Handgun Sales to Out-of-State Residents Violates Second Amendment. Reason. https://reason.com/volokh/2026/09/18/restriction-on-handgun-sales-to-out-of-state-residents-violates-second-amendment-fifth-circuit-holds/
Volokh, Eugene. “Restriction on Handgun Sales to Out-of-State Residents Violates Second Amendment.” Reason, 18 Sept. 2026, https://reason.com/volokh/2026/09/18/restriction-on-handgun-sales-to-out-of-state-residents-violates-second-amendment-fifth-circuit-holds/.
Volokh, Eugene. “Restriction on Handgun Sales to Out-of-State Residents Violates Second Amendment.” Reason, September 18, 2026. https://reason.com/volokh/2026/09/18/restriction-on-handgun-sales-to-out-of-state-residents-violates-second-amendment-fifth-circuit-holds/.
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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.