CHARLESTON W.Va. (WVDN) — West Virginia Attorney General JB McCuskey is leading a coalition of 19 states in filing an amicus or “friend of the court” brief filed in the Supreme Court of the United States supporting Second Amendment freedoms, specifically to allow individuals ages 18-20 to legally purchase firearms.
Current federal law prohibits the sale of handguns to people under 21 years old. Joshua McCoy and other young adults have challenged this law, saying it violates their Second Amendment rights. The case, McCoy v. Bureau of Alcohol, Tobacco, Firearms and Explosives, has been heard by the lower courts, and West Virginia is urging the Supreme Court of the United States to hear it and decide whether individuals’ rights to bear arms include the right to purchase them.
“You can’t separate the right to own guns from the right to buy them. Different courts have reached different conclusions on this issue, so it’s time for the Supreme Court to answer these questions once and for all. If young adults ages 18 to 20 can vote, serve in the military, be tried as adults in criminal court or get married, they should be able to purchase a handgun,” Attorney General McCuskey said.
The case highlights inconsistencies in how federal appeals courts are applying recent Supreme Court decisions about gun rights. Some federal appeals courts have ruled these restrictions are constitutional, while others have struck them down, creating confusion across the country.
To date, lower courts have tried to separate the right to possess firearms from the right to purchase them. In the brief, the states write, “Lower courts have split over whether statutes controlling young adults’ ability to buy or bear firearms violate the Second Amendment… The split has left the States confused—a problematic situation given that about 20 or so States have minimum age laws of their own. The Court should grant the petition and hold that young adults have the constitutional right to purchase firearms, handguns included. Historical evidence supports that right.”
The states point to historical evidence supporting their position, including the Militia Act of 1792, which required men aged 18-45 to serve in militias and obtain their own firearms. “This shows the Founding Fathers expected 18-20 year olds to own guns,” the brief argues.
This law currently affects about 13 million American young adults who can legally possess handguns obtained through family transfers or private sales in some states but cannot purchase them from licensed dealers.
The coalition is asking the Supreme Court to agree to hear the case, concluding the brief with, “Even the Government concedes that Plaintiffs ‘are all otherwise qualified to purchase handguns’ were it not for their ages… They should not be forced to wait until some later day to vindicate their rights.”
The Supreme Court will decide in the coming months whether to hear the case. If accepted, oral arguments would likely occur during the Court’s coming term, with a decision expected by summer 2026.
Alabama, Alaska, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota and Texas joined the West Virginia-led brief.
Read the brief here.
