FORT WORTH, Texas (August 26, 2025) – Today, in the U.S. District Court for the Northern District of Texas, attorneys for Firearms Policy Coalition (FPC) filed a brief countering the federal government’s argument that, if FPC is successful in striking down the law, the court should enter an extremely narrow injunction that would deny millions of peaceable people their right to keep and bear arms.
Although summary judgment briefing had concluded in Elite Precision Customs v. ATF — FPC’s Second Amendment lawsuit challenging the federal ban on purchasing handguns outside a person’s state of residence — the organization sought leave of court to respond to the Trump DOJ strategy to avoid having to follow the Second Amendment and respect constitutional rights. FPC’s brief, however, shows how binding Supreme Court precedent would require relief to apply to all FPC members, not just the named individual and retailer plaintiffs in the case.
“Should Plaintiffs prevail on their motion for summary judgment, they are entitled to injunctive relief for the Individual Plaintiffs and members of Plaintiff Firearms Policy Coalition,” says FPC’s brief. That FPC has the right to sue and seek relief on behalf of its members “is not debatable,” the brief goes on. Indeed, FPC said, “The Supreme Court reaffirmed associational standing two years ago” in the Students for Fair Admissions v. Harvard decision. And while the government complained that compliance with an injunction against enforcement of the ban as to FPC members would be challenging, as FPC’s new brief explained, “the Government could comply with an injunction by, for example, directing FFLs to ask whether prospective non-resident purchasers are FPC members or declining to enforce the restriction across the board.”
“As our brief explains, the DOJ’s new scheme to avoid following the Constitution must fail as a matter of law,” said FPC President Brandon Combs. “Should we prevail against this unconstitutional ban, the court should enjoin its enforcement as broadly as possible and the Trump Administration should stop enforcing it altogether.”
FPC noted that the focus on injunctive relief with respect to FPC’s members is a consequence of the Supreme Court’s Trump v. CASA decision.
“The reason there is still no injunction against the federal government’s unconstitutional ban on handgun and ammunition sales to 18–20-year-old adults — even though the law was declared unconstitutional — is the DOJ’s injunction-avoidance scheme,” Combs explained, referring to FPC’s January victory in Reese v. ATF. “The Administration may desire a Supreme Court showdown on this issue, but it cannot ignore binding precedent today. The Administration should end this misguided strategy and begin following the Constitution without further delay.”
The Elite Precision case now awaits a decision on summary judgment, which can be issued at any time.
About Firearms Policy Coalition
Firearms Policy Coalition (FPC)—a 501(c)(4) nonprofit membership organization—exists to create a world of maximal individual liberty, defend constitutional rights, and restore the freedoms guaranteed by the Constitution. FPC pursues these goals through strategic litigation, legal scholarship, amicus briefing, legislative and regulatory advocacy, grassroots activism, education, and outreach. FPC’s legal arm, FPC Law, is the nation’s leading initiative dedicated to restoring the right to keep and bear arms across the United States. To learn more about FPC’s lawsuits and pro–Second Amendment efforts, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.
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