What: Firearms Policy Coalition (FPC) filed its opening brief with the Fifth Circuit Court of Appeals in Elite Precision Customs v. ATF, which challenges the federal laws prohibiting licensed firearm dealers from selling handguns to out-of-state buyers. FPC filed its appeal after the district court wrongly upheld the ban.
Who: FPC is joined in this case by Elite Precision Customs LLC and two individual FPC members. The plaintiffs are represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper and Kirk, PLLC, along with Cody J. Wisniewski of FPC Action Foundation and R. Brent Cooper of Cooper & Scully, P.C.
Where: The brief was filed at the Fifth Circuit Court of Appeals, which is based in New Orleans and covers Louisiana, Mississippi, and Texas.
When: FPC’s brief was filed on February 4, 2026. Briefing will continue through March, with oral arguments to be scheduled.
How: A ruling to strike down the ban would provide relief to millions of peaceable people who wish to buy handguns from stores in other states. The full extent of relief will depend on the Court’s final judgment.
Quote: “The district court engaged in blatant constitutional gaslighting in its horribly flawed decision upholding the government’s unconstitutional ban. Our brief explains why the Fifth Circuit must overturn this opinion and finally secure the Second Amendment as a fundamental liberty-not the second-class right the Trump Administration has argued for in this case,” said FPC President Brandon Combs.
About Firearms Policy Coalition
Firearms Policy Coalition (FPC) is a nonprofit membership organization that exists to create a world of maximal individual liberty and eliminate unconstitutional gun control laws. FPC works—and wins—for the People through high-impact strategic litigation, groundbreaking research, legislative and regulatory advocacy, grassroots activism, education, and public engagement. FPC’s legal division, 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 how FPC is working—and winning—for the People, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.
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