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FPC Files Fifth Circuit Reply Brief in Lawsuit Challenging Federal Ban on Interstate Handgun Sales

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The Fifth Circuit just got a fresh reminder that the Second Amendment isn’t a suggestion—it’s the law. In its reply brief for Elite Precision Customs v. ATF, the Firearms Policy Coalition is hammering home a simple truth: the federal interstate-handgun ban has no footing in the nation’s history or tradition, the only test that matters after Bruen. By forcing law-abiding citizens to jump through arbitrary hoops just to buy a handgun across state lines, the rule treats a fundamental right like a heavily regulated privilege, something the Founders would have found absurd. FPC’s filing underscores that this isn’t about public safety theater; it’s about an ATF rule that’s outlived whatever flimsy rationale it once claimed.

What makes this case especially sharp is how cleanly it maps onto the post-Bruen landscape. Rather than arguing policy preferences, FPC is zeroing in on the absence of any analogous historical restriction—because there isn’t one. That puts pressure on the Fifth Circuit to treat the ban the same way it has treated other gun-control measures lacking founding-era pedigree: with skepticism bordering on hostility. If the court agrees, the ripple effects could be immediate—licensed dealers in border states suddenly able to serve customers from neighboring jurisdictions, increased competition, and another brick removed from the wall of federal gun-sale micromanagement.

For the broader 2A community, this litigation is a reminder that victories aren’t won only in Congress or at the ballot box; they’re also ground out in appellate briefs that force judges to confront the Constitution’s text and history. Every reply brief like this one chips away at the regulatory overhang that has accumulated since the Gun Control Act of 1968. If the Fifth Circuit ultimately scraps the interstate-handgun prohibition, it won’t just be a win for Elite Precision Customs—it’ll be fresh proof that the right to keep and bear arms travels with the citizen, not the zip code.

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