DOJ Issues Opinion On Handgun Purchase Ban For 18-20-Year-Olds
The Justice Department announced Friday that it considers the federal prohibition on licensed gun dealers selling handguns to adults ages 18 to 20 unconstitutional and will no longer seek criminal penalties against dealers for violating the restriction. The conclusion came in a new opinion from the Justice Department’s Office of Legal Counsel, which determined that the decades-old age restriction cannot be reconciled with the Second Amendment under recent Supreme Court precedent.
What the Office of Legal Counsel Opinion Means for Federal Firearms Dealers
The Office of Legal Counsel opinion represents a significant shift in federal enforcement policy rather than a formal strikedown of the Gun Control Act of 1968. Assistant Attorney General T. Elliot Gaiser, who leads the Office of Legal Counsel, argued that 18-, 19- and 20-year-olds fall squarely within “the people” whose right to keep and bear arms is protected by the Constitution. The department determined that 18-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, placing them within the constitutional text of the Second Amendment. Under the framework established by Supreme Court precedents including District of Columbia v. Heller, New York State Rifle & Pistol Association v. Bruen, and subsequent Second Amendment cases, the government must demonstrate that a firearms restriction is consistent with the nation’s historical tradition of gun regulation. The Office of Legal Counsel concluded that the government could not identify a sufficiently comparable historical tradition of preventing otherwise law-abiding adults under 21 from purchasing firearms. Instead, the opinion noted that militia laws during the Founding era commonly required men beginning at age 18 to serve and provide their own weapons.
Legal Status and Current Enforcement Policy
It is important to clarify that this Office of Legal Counsel opinion does not formally erase the federal statutes from the books. An Office of Legal Counsel opinion does not itself strike down an act of Congress or create binding precedent for federal courts. Instead, it establishes the Justice Department’s legal position and is expected to mean federal prosecutors will stop bringing cases against licensed dealers solely for selling handguns to otherwise lawful purchasers between 18 and 20 years old. The constitutional issue has divided federal courts, with the 5th U.S. Circuit Court of Appeals ruling that the federal restriction violates the Second Amendment, while the 4th Circuit reached the opposite conclusion. Other federal appeals courts have issued conflicting rulings involving similar state restrictions on firearm purchases by adults under 21. The Supreme Court has not yet issued a definitive ruling on whether the federal handgun-purchase restriction for 18- to 20-year-olds survives the constitutional test established in Bruen.
Impact on State Laws and Remaining Federal Restrictions
The opinion does not eliminate other federal restrictions on firearm purchases. Adults ages 18 to 20 would still be subject to background checks and federal prohibitions applying to people barred from possessing firearms for reasons such as certain felony convictions. State laws imposing their own minimum-age requirements also raise separate legal questions and are not automatically invalidated by the Justice Department’s opinion. Gun-control organizations criticized Friday’s announcement. Everytown Law said the administration’s decision would prevent federal prosecutors from enforcing an existing public-safety restriction, while GIFFORDS argued that the Justice Department was declining to defend a law enacted by Congress. Despite these criticisms, the most immediate effect of the new opinion is a significant change in federal enforcement policy. The Justice Department has also created a dedicated Second Amendment Section within its Civil Rights Division and this week sued San Jose, California, challenging the city’s nearly $1,600 concealed-carry permit fee as unconstitutional.
What This Means for Gun Owners and the Second Amendment
For law-abiding gun owners and Second Amendment advocates, this opinion represents a win for constitutional consistency. The decision aligns with the principle that young adults who can serve in the military, vote, and serve on juries should not be categorically denied the right to purchase handguns from licensed dealers. The Justice Department’s new position, combined with ongoing litigation in federal appeals courts, suggests that the legal landscape for handgun purchases by 18- to 20-year-olds will continue to evolve. Gun owners should stay informed about both federal and state developments, as state laws imposing their own minimum-age requirements remain in effect and raise separate legal questions.