Brady Supports Federal Law Prohibiting Young People (18-20) From Purchasing Handguns

McCoy v. ATF, No. 23-2085, U.S. Court of Appeals for the Fourth Circuit

Date Filed: December 28, 2023

Topic: Federal age restrictions on the commercial sale of handguns

Case Summary: Federal law prohibits 18-to-20-year olds from purchasing handguns from Federal Firearms Licensees. The plaintiff challenges that restriction on behalf of himself and other similarly situated plaintiffs. A judge of the U.S. District Court for the Eastern District of Virginia found the law unconstitutional, and the federal government, which is defending the law, appealed to the U.S. Court of Appeals for the Fourth Circuit.

Brady's Amicus Brief: Brady’s brief demonstrates that prohibiting the commercial sale of handguns to 18-to-20-year-olds is consistent with America’s historical tradition of firearms regulation. Historically, the government has regulated firearm acquisition, possession, and use by groups who were understood to be dangerous. The brief explains that 18-to-20-year-olds are a group that is particularly dangerous when armed. Scientific studies, which the brief cites, show that 18-to-20-year-olds do not have a fully developed prefrontal cortex — the part of the brain that controls impulsivity and emotional regulation — leading to higher chances of risk taking without weighing the consequences. 

Statistics bear out the danger that results: 18-to 20-year-olds are at a disproportionately high risk for involvement in homicide, violent crimes, and firearm suicide. Brady’s brief states that mass shootings are on the rise in America, and this age group is not an exception, as 2023 saw 52 mass shootings committed by 18-to-20-year-olds. Finally, Brady’s brief statistically demonstrated the importance of upholding this law due to its effectiveness in limiting acts of gun violence within this age group.