A District Court Judge issued a ruling for the Second Amendment Foundation (SAF) and the Firearms Policy Coalition (FPC) that covers almost no one and requires the organizations to turn over membership rolls to the federal government.
The case, Caleb Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), was filed by the two organizations on November 6, 2020, in the United States District Court for the Western District of Louisiana Lafayette Division. It challenged the constitutionality of prohibiting 18- to 20-year-olds from transferring firearms through federal firearms licensees (FFLs). The prohibition is in place because the federal government will not approve anyone under the age of 21 through the Federal Bureau of Investigation’s (FBI’s) National Instant Criminal Background Check System (NICS) when purchasing a handgun.
The federal statute was ruled constitutional at the District Court level by Trump appointee Judge Robert Summerhays, leading the plaintiffs to file an appeal with the United States Court of Appeals for the Fifth Circuit. A three-judge panel would strike down the District Court’s ruling and remand the case back to the lower court, ordering the judge to issue a verdict in favor of the plaintiffs.
The judge would begrudgingly issue the ruling for the plaintiffs, but it was issued in such a way that it covered almost no one. First, the judge limited the ruling only to the members of the plaintiffs’ organization in Texas, Mississippi, and Louisiana, leaving members living in the 47 remaining states of the country out in the cold.
Next, the judge stated that only people who were members on November 6, 2020, are covered, meaning that to be covered, you would have had to be a member of SAF or FPC, no older than 13 years of age in 2020. Although we do not have an exact number of SAF and FPC active members, which was 13 in 2020, it can’t be that many, or none at all. Many believe this move by the judge was intentional, aimed at complying with the higher court while still achieving his desired outcome.
“The practical effect of this order is almost laughable if it wasn’t so frustrating and didn’t impact the Second Amendment rights of thousands of individuals,” said SAF Executive Director Adam Kraut. “What the court has done here is say that this law is unconstitutional, but in order for an 18-year-old to avoid having their constitutional rights trounced by it today, they must live in one of only three states in the nation and have been a member of SAF at age 13. And even then, they’re only covered if SAF discloses their membership to the government under duress. We’re currently examining our options in relation to the relief granted and will vigorously defend our members’ right to free association and privacy of such.”
The judge also ordered the plaintiffs to turn over their membership rolls from November 6, 2020, within 21 days. This demand for membership lists would provide the government with a list of gun owners. Gun owners are hesitant to share information with the government. One example of why gun owners do not trust their information with the government is when the ATF was using the NICS monitoring system to share information with the states about gun owners who purchased state-prohibited firearms outside the state.
— SAF (@2AFDN) October 8, 2025
FPC and SAF have vowed not to turn over their membership lists to the federal government. They are looking into their legal options.
“Our legal team is already taking action to urgently address this appalling order, an FPC spokesperson said. “We will commence appellate proceedings as necessary to protect our members and effectuate the Fifth Circuit’s decision in our favor. Further updates will be provided as the case proceeds.”
It remains to be seen what the next move by the two gun rights organizations will be, but most will likely believe they will file a motion with the U.S. Court of Appeals for the Fifth Circuit claiming that the judge is trying to undermine the higher court’s ruling.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
