Episode 35: July 15, 2025 – Ruling, Restriction, Roadblack: The Firearms Industry Update

In this episode, we break down the DOJ's decision not to appeal the Fifth Circuit ruling allowing FFL handgun sales to 18-20 year olds in select states, emphasizing risks without ATF guidance. We also analyze the House appropriations bill's rider halting the ATF-DEA merger and its path through Senate reconciliation. Subscribe now and stay ahead in the firearms world with Gun Industry Insider!

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Chapters

• 0:00 Intro
• 0:42 18 to 20 Year Old Handgun Sales
• 7:16 ATF-DEA Merger
• 11:03 Wrapping Up

Transcript

Welcome back to another episode of Gun Industry Insider, where we bring you the latest developments shaping the firearms industry. I’m your host, Ray Toofan, and today is July 15, 2025. In this episode, we’ll dive into the Fifth Circuit's ruling on handgun sales to 18 to 20 year olds and the House's blockage of the ATF-DEA merger. These developments matter to you, offering critical insights into industry trends and opportunities. Let’s get into today’s episode.

First up, the Fifth Circuit Court of Appeals issued a ruling in Reese versus ATF that struck down federal laws prohibiting FFLs from selling handguns to individuals aged 18 to 20. This decision came down on January 30, 2025, and it applied the Supreme Court's Bruen test from 2022, which requires gun regulations to align with historical traditions from the Founding era. The court found no such tradition supporting age-based restrictions on handgun purchases for adults in that age group, determining that 18 to 20 year olds are part of the people protected by the Second Amendment. As a result, the statutes under 18 U.S.C. sections 922(b)(1) and (c)(1) were deemed unconstitutional within the Fifth Circuit's jurisdiction, which covers Texas, Louisiana, and Mississippi.

The Department of Justice, under the current administration, chose not to petition the Supreme Court for review, allowing the June 27th deadline to pass without action. This effectively made the ruling final in those states, meaning the federal ban no longer applies there. In practical terms, adults aged 18 to 20 who can pass a NICS check and meet other federal requirements could potentially buy handguns from FFLs. However, this change does not extend nationwide. 

A circuit split exists, with the Fourth Circuit upholding the same federal ban in a separate case in June 2025, while the Third and Eighth Circuits have invalidated similar restrictions. This inconsistency could lead to Supreme Court involvement in the future, perhaps as early as the 2025-2026 term, through related challenges like those against Florida's under-21 sales ban or Pennsylvania's emergency carry rules for young adults.

For FFLs in Texas, Louisiana, and Mississippi, the ruling opens a new customer demographic, which might increase sales of compact or entry-level handguns suited for self-defense or training. Shops could see more interest from younger buyers entering the market for personal protection, potentially boosting revenue from accessories like holsters, ammunition, or basic training classes. Manufacturer and wholesaler representatives could adjust their sales pitches to highlight models that appeal to this group, emphasizing reliability and ease of use to capitalize on the expanded market.

Despite these possibilities, dealers must exercise extreme caution. The ATF has not issued any formal guidance, open letter, or notification to licensees confirming that sales to 18 to 20 year olds are permissible. Without explicit direction from the agency, proceeding with such transactions carries significant risks. The ATF remains responsible for enforcing federal firearms laws, and during inspections or audits, any perceived violation could result in citations, fines, or even license revocation. Licensees have faced revocation for far less serious compliance issues in the past, and this situation involves a major shift in longstanding regulations. Selling handguns to this age group without ATF approval could be interpreted as willful noncompliance, especially if state laws impose additional restrictions.

In Louisiana, for example, state law already allows 18 to 20 year olds to possess handguns, aligning with the federal ruling, but dealers should verify local ordinances and ensure all paperwork reflects the change accurately. Mississippi follows a similar path, with no state-level ban on possession for adults in that range. Texas presents the clearest opportunity, as state statutes permit both possession and open carry for those 18 and older, provided they meet eligibility criteria. Even so, the absence of ATF guidance creates uncertainty. Dealers should consult legal counsel specializing in firearms regulations to review their specific circumstances and develop a compliance plan. This might include documenting attempts to seek clarification from the ATF, such as submitting written inquiries or attending industry webinars for updates.

To proceed cautiously, shops can monitor ATF communications closely through the agency's website, newsletters, or industry associations like the National Shooting Sports Foundation. Training staff on the ruling's details ensures everyone understands the boundaries—emphasize that no sales occur until official guidance arrives. In the meantime, focus on educating potential customers about the legal landscape, perhaps directing them to long guns or other compliant options. Manufacturer and wholesaler reps can advise dealers to hold off on aggressive marketing to this demographic until clarity emerges, avoiding promotions that might attract scrutiny. Gunsmiths should note the ruling in client discussions but refrain from work implying handgun ownership by underage adults without verification.

The broader industry implications hinge on how this plays out. If the Supreme Court eventually affirms the Fifth Circuit's approach, age-based federal restrictions could erode nationwide, expanding markets but requiring uniform compliance adjustments. For now, the patchwork of rulings demands vigilance. Licensees in unaffected states should watch for similar challenges in their circuits, preparing inventories and policies accordingly. Groups like the Second Amendment Foundation have called this an encouraging development, suggesting the DOJ's stance might signal support for recognizing full rights for young adults, which could ease enforcement pressures over time. Still, the priority remains risk mitigation—rushing into sales without ATF input invites trouble that no business can afford.

Overall, this decision represents a step toward broader access, but the lack of agency confirmation keeps it in limbo for practical application. Dealers who navigate it carefully, by seeking expert advice and waiting for directives, position themselves to benefit once the path clears. The key is balancing opportunity with compliance to protect the license that underpins the entire operation.

Next up, the proposed merger between the ATF and the DEA, discussed back in episode 32 as a potential shift that could expand the ATF's reach and complicate compliance for licensees, has hit a roadblock in the House of Representatives. The House passed the fiscal year 2026 appropriations bill for Commerce, Justice, Science, and Related Agencies, which includes specific language preventing the transfer of ATF functions, missions, or activities to other departments. This rider, found in the salaries and expenses section for the ATF, states that no funds from this act or any other may support such a reorganization. It also caps the redirection of certain funds at 40 percent, effectively halting the merger for the upcoming fiscal year starting October 1, 2025, if the provision holds.

Gun rights organizations like the Gun Owners of America and the Second Amendment Foundation have highlighted this as a victory, attributing it to their advocacy and letters outlining concerns about increased surveillance, reduced accountability, and the risk of a larger agency pushing stricter enforcement. The bill goes further with other pro-industry measures, such as a 25 percent cut to the ATF's budget, safeguards for expedited NFA processing, elimination of what they call an illegal gun registry, and defunding rules on frames and receivers, pistol braces, business engagement definitions, red flag laws, and export restrictions from the previous administration. 

For shop owners, this means avoiding immediate disruptions in ATF interactions, like potential changes to inspection protocols or licensing reviews under a combined entity. Gunsmiths could continue operating without new layers of oversight that might have arisen from DEA's broader investigative tools. Manufacturer representatives benefit by maintaining stable relationships with the ATF as is, without adapting to a restructured agency that could have shifted priorities toward drug-related gun tracing.

However, this blockage remains provisional. The Senate must now consider its own version of the appropriations bill, where Democrats hold influence and might push to remove or modify the rider during reconciliation negotiations. If the Senate passes a bill without the language, conference committees will decide its fate, potentially stripping it out before final passage and presidential signature. Dealers should stay informed through associations like the NSSF, tracking updates on the bill's progress to prepare for any outcome. If the rider survives, it buys time against the merger, but future budgets could revive the proposal. Licensees might use this window to engage representatives, emphasizing how the merger would burden small operations with added regulatory uncertainty.

Wrapping up today’s episode, we explored the Fifth Circuit's ruling on handgun sales to 18 to 20 year olds and the House's blockage of the ATF-DEA merger. These developments offer insights for navigating the evolving firearms market. Got thoughts or topics you’d like us to look into? Email us at insider@gunindustryinsider.com or reach out on X at @GunInsider. Stay tuned for the next episode—we’ll bring you more updates that matter to your shop or next sales call. Thanks for listening. Until next time!