Elite Precision Customs v. BATF (5th Cir. 2026):
Plaintiffs unsuccessfully sought a permanent injunction against several provisions of 18 U.S.C. § 922 that collectively prohibit the buying and selling of handguns across state lines. The only issue is whether those provisions are constitutional under the Second Amendment. They are not: Under Bruen, they implicate the Second Amendment’s plain text, making them presumptively unconstitutional, and the government has failed to meet its burden to justify the provisions as consistent with the nation’s tradition of firearms regulation. We reverse and render judgment for plaintiffs.
The GCA68 provision that prohibited sale of handguns to persons not a resident of state of sale had a certain logic: in 1968, there was no national database (what's a database?) that allowed for a nationwide check to see if you were a prohibited person in some state. Some states had provisions for this, or at least pretended that they did. Even quite recently, some states considered mental hospital records as so private that they could not check for involuntary commitments.
We now have the NICS database that allows dealers to check if a buyer is disqualified from purchase. This may well expand sales at gun shows of handguns.
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