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Armed Attorneys Emily Taylor and Richard Hayes break down a major new Fifth Circuit ruling on interstate handgun purchases. In Elite Precision Customs L.L.C. v. ATF, the court held that the federal provisions collectively barring direct interstate handgun sales violate the Second Amendment and reversed the lower court, rendering judgment for the plaintiffs. Fifth Circuit Court
But does that mean you can travel to another state and buy a handgun right now? Not necessarily.
Emily and Richard explain what the ruling actually changes, why the Fifth Circuit found the federal ban unconstitutional under the Bruen framework, where the decision is binding, who may ultimately be covered by the relief, and why existing state firearm laws still matter.
The episode also walks through how interstate handgun purchases traditionally require an out-of-state FFL to send the handgun to an FFL in the buyer’s home state—often creating additional fees and delays. The Fifth Circuit specifically addressed that transfer structure in its September 18 decision. Fifth Circuit Court
The opinion is binding Fifth Circuit precedent covering Texas, Louisiana, and Mississippi, but important questions remain regarding implementation and the precise scope of the judgment. In the episode, Richard explains that the mandate is expected later and that further appellate proceedings could affect timing.
They also explain why this ruling does not erase a buyer’s home-state requirements. Licensing rules, waiting periods, magazine restrictions, and other applicable state laws can still affect whether a transaction is lawful.
Case: Elite Precision Customs L.L.C. v. ATF, No. 25-11206Court: U.S. Court of Appeals for the Fifth CircuitDecision: September 18, 2026
The Fifth Circuit described the challenged provisions—18 U.S.C. §§ 922(a)(3), 922(a)(5), and 922(b)(3)—as collectively creating the federal “Nonresident Handgun Purchase Ban” and held that the government failed to justify that ban under the historical-tradition analysis required by Bruen. Fifth Circuit Court
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