Two appellate courts are at odds over whether private interstate handgun sales and transfers should be legalized under the Second Amendment, signaling a split in circuit-level interpretations.

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There is a clear rift between the Fifth Circuit and the Second Circuit on this constitutional question.

The Fifth Circuit ruled in favor of a federally-licensed Texas gun manufacturer, finding that the interstate handgun sale ban is unconstitutional and runs contrary to U.S. traditions of gun regulation.

Additionally, the Fifth Circuit struck down parts of 18 U.S.C. § 922 that prohibit unlicensed individuals from selling or transferring a gun across state lines.