In a landmark decision with major implications for gun rights in America, the Department of Justice under President Donald Trump has officially not appealed a federal court ruling that struck down the handgun purchasing ban for 18 to 20-year-olds. As attorney Mark W. Smith explained on his YouTube channel The Four Boxes Diner, this move is more than procedural – it’s an active concession that Americans aged 18, 19, and 20 are entitled to full Second Amendment protections.
The Fifth Circuit’s Big Ruling
The legal spark for this shift came from the Fifth Circuit Court of Appeals, which covers Texas, Louisiana, and Mississippi. Earlier this year, that court ruled a federal law banning handgun purchases from federally licensed dealers (FFLs) for 18 to 20-year-olds was unconstitutional. As Smith puts it, this wasn’t just a partial ruling. The court declared the law facially unconstitutional, meaning it was invalid in all circumstances, not just for the plaintiffs in that case.
DOJ Declines to Challenge the Ruling
The bombshell moment came when U.S. Solicitor General John Sauer, representing the Trump Department of Justice, chose not to seek a review of the decision by the Supreme Court. “That is a concession,” said Smith. “That means the ruling stands as law in the Fifth Circuit.” This is no small thing. According to Smith, it’s almost unheard of for a solicitor general to not defend a federal statute that’s been ruled unconstitutional, especially one involving gun control.
Why This Is So Unusual
Mark Smith emphasized how rare this move is. In his decades as a Supreme Court Bar member and constitutional attorney, he couldn’t recall another instance where a federal law was struck down and the government simply walked away. “The Solicitor General always fights back,” Smith noted. “But not this time.” The only similar event he recalled was the Obama-era Windsor case, where the government sought review only to flip sides. In this case, no cert petition was filed at all.
A Victory Rooted in the Bruen Decision
Smith traced the roots of this legal victory back to the 2022 New York State Rifle & Pistol Association v. Bruen case. That Supreme Court ruling, which redefined how courts must evaluate gun laws, emphasized the “text and history” of the Second Amendment. Under this framework, the Fifth Circuit found that no historical tradition existed for banning handgun sales to legal adults under 21. And with DOJ refusing to appeal, that ruling is now settled law in the Fifth Circuit.
Why Trump’s DOJ Stands Apart
Smith used the moment to underscore former President Trump’s unique position in the Second Amendment movement. “Trump is the most pro-gun president in modern American history,” he said, arguing that no previous Republican – Reagan, Bush, McCain, Romney – would have let this ruling stand. “They would have appealed it under the banner of law and order,” he added. But Trump’s DOJ, in Smith’s view, let the constitutional victory breathe.
Critics Ask: Why Not Fight for an Even Bigger Win?
Smith anticipated a fair question from his audience: why didn’t the DOJ go all the way to the Supreme Court to make this a national precedent? He explained that while it could have resulted in a nationwide win, there was no guarantee. In fact, a recent split decision from the Eleventh Circuit upheld the very same handgun age restriction, showing that even conservative judges can get this wrong. “You don’t risk the whole game if you’re not sure you’ll win,” Smith said.
Legal Adults Deserve Full Rights
At the core of the case is a simple fact: 18 to 20-year-olds are legal adults. “They can sign contracts, join the military, vote, get married, and even face the death penalty,” Smith explained. The idea that they are somehow too immature to own a handgun, while being responsible enough for every other adult duty, just doesn’t add up. “Even if you buy the anti-gunner argument that ‘minors’ can be disarmed, 18-year-olds are not minors in 2025,” he said.
The Militia Act Argument
Smith also brought up a powerful historical point. The Militia Act of 1792 required all able-bodied male citizens from 18 to 45 to keep and bring their own firearms to militia duty. That fact alone, he argued, shows that the Founding Fathers expected 18-year-olds to own guns – and not just own them, but bring them ready for defense. “If they were part of the militia, they had the right to keep and bear arms. Period,” Smith said.
Why the Reese Case Is Bigger Than Range
Smith compared this moment to the Range case in the Third Circuit, which also resulted in a win for gun rights when the DOJ didn’t appeal a ruling in favor of a non-violent felon regaining his Second Amendment rights. But as Smith stressed, the Reese decision is even more impactful. Range was an “as applied” decision – it only applied to one man. Reese was a facial challenge, striking down the law entirely. That’s a major legal difference with lasting implications.
A Quiet But Powerful Victory
This may not have made national headlines, but it’s one of the most important gun rights wins in years. By not appealing, the DOJ allowed a sweeping pro-2A ruling to become binding precedent in the Fifth Circuit. Smith calls it a “brick in the wall” that protects Second Amendment rights from being eroded over time. “You don’t need fireworks to win a war,” he said. “Sometimes, silence is the loudest victory.”
A Win That Took Real Restraint
What’s so fascinating about this moment is that it wasn’t loud. No dramatic Supreme Court hearing. No televised arguments. Just quiet confirmation that the Constitution still stands. DOJ could’ve fought it. But they didn’t. And sometimes, that takes more courage than pushing a case with no guaranteed win. Smith’s breakdown reveals a strategic, deeply considered legal approach that may have permanently expanded gun rights for millions of young adults.
A Moment to Remember
In wrapping up, Mark W. Smith credited Donald Trump, Attorney General Pam Bondi, Solicitor General John Sauer, and constitutional advocates like Harmeet Dhillon for making this happen. “America is better for their efforts,” he said. The Reese decision, by standing unchallenged, represents a legal acknowledgment that the Second Amendment belongs to all adults, not just those over 21. As far as Smith is concerned, this is only the beginning. “They’re just getting started,” he said, closing with his signature line: “Orders up – Table 2A.”
To learn more, watch The Four Boxes Diner’s video here.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.