DOJ Handgun Sales Opinion: What It Means for Florida Gun Owners in 2026
A new federal legal opinion has intensified the fight over whether law-abiding adults ages 18 to 20 may purchase handguns from federally licensed dealers. Released by the Trump administration’s Department of Justice on September 18, 2026, the 49-page analysis concludes that the federal dealer restrictions are inconsistent with the Second Amendment. Florida Attorney General James Uthmeier welcomed the DOJ handgun sales opinion, connecting it to Florida’s separate prohibition on firearm purchases by adults younger than 21. The development is significant, but it is not a court judgment or an automatic repeal of either federal or Florida law.
What the DOJ Handgun Sales Opinion Says
The Department of Justice’s Office of Legal Counsel examined two provisions of the Gun Control Act: 18 U.S.C. § 922(b)(1) and § 922(c)(1). These provisions generally prevent an FFL dealer from selling or delivering a firearm other than a rifle or shotgun—and ammunition other than rifle or shotgun ammunition—to a person the dealer knows or reasonably believes is younger than 21.
According to the Florida Phoenix report on the DOJ opinion and Uthmeier’s response, Assistant Attorney General T. Elliot Gaiser emphasized that 18-year-olds may vote, serve on juries, be drafted and face adult criminal penalties. His statement argued that the government may not constitutionally pursue criminal penalties against dealers for selling handguns to law-abiding adults who otherwise belong to the political community.
The DOJ handgun sales opinion reflects the executive branch’s constitutional interpretation. An Office of Legal Counsel opinion can guide Justice Department policy, but it is not a Supreme Court ruling, a nationwide injunction or legislation repealing the statutory text. The federal provisions have regulated licensed dealer sales since 1968. Gun owners and industry members can monitor the DOJ Office of Legal Counsel’s published opinions and current ATF guidance on minimum purchasing ages for official developments.
Why the Opinion Matters to Florida’s Under-21 Law
Florida’s controversy concerns long guns rather than federally licensed handgun sales. Following the shooting at Marjory Stoneman Douglas High School, the Florida Legislature passed a broad public-safety law in 2018 that raised the minimum firearm-purchase age to 21. Then-Gov. Rick Scott signed it into law. Because federal law already barred licensed dealers from selling handguns to adults younger than 21, the Florida change had the practical effect of restricting their purchases of rifles and shotguns as well.
The source article characterizes the affected long-gun category as including rifles, carbines, shotguns and submachine guns. Any machine gun transaction, however, is also subject to separate and extensive federal restrictions. The controlling Florida provision is available in the state’s official firearm purchase and delivery statute.
Uthmeier wrote that he was glad the DOJ had joined the fight for the rights of Americans old enough to defend the country. He also said Florida had taken that position at the Supreme Court and that he wanted to work with the Legislature to change state law. After Gov. Ron DeSantis appointed him attorney general in 2025, Uthmeier declared the Florida restriction unconstitutional and directed his office not to defend it in an existing legal challenge.
The National Rifle Association filed that challenge after the 2018 law took effect. The Supreme Court later denied the petition asking it to hear the case, leaving the challenged restriction in place without deciding the constitutional issue on its merits. The DOJ handgun sales opinion therefore gives repeal advocates a new executive-branch argument, not a ruling that invalidates Florida’s statute.
Florida’s Political Fight Is Moving Toward 2027
Republicans in the Florida House have approved repeal legislation during four consecutive legislative sessions, but opposition in the state Senate has prevented a bill from becoming law. The Florida Phoenix reported that incoming Senate President Jim Boyd did not respond when asked about his position.
Gov. DeSantis has criticized the minimum-age restriction. Republican gubernatorial candidate Byron Donalds has also pledged to remove it if elected in November 2026, telling the publication that the provision “has gotta go.” Democratic gubernatorial candidate David Jolly has said the law should remain in place.
Gun Owners of America Florida State Director Luis Valdes argued that the federal opinion leaves Tallahassee without an excuse to delay repeal. From a Second Amendment perspective, supporters contend that government should not treat responsible 18-to-20-year-old adults as full citizens for voting, military service and criminal liability while denying them access to commonly owned firearms through ordinary commercial channels.
Opponents dispute that conclusion. Everytown for Gun Safety President John Feinblatt claimed that people ages 18 to 20 commit gun homicides at three times the rate of adults 21 and older and cited public support for a minimum purchasing age of 21. The source also referenced a 2020 Florida Department of Law Enforcement report describing 18-to-20-year-olds as perpetrators in fatal shootings at roughly three times the rate of 16-year-olds and people in their 30s. Those are distinct comparisons and should not be treated as the same statistic. Policy arguments also do not resolve the constitutional question identified in the DOJ handgun sales opinion.
What Gun Buyers and Licensed Dealers Should Know
For now, neither customers nor a firearms dealer should assume that the opinion alone authorizes an under-21 handgun transfer. Federal statutes remain on the books, Florida’s purchase-age provision remains in effect, and administrative instructions or court orders may change how the rules are enforced. A responsible gun store must verify age, identification, residency and all other applicable federal and state requirements before completing a transfer.
Buyers should also distinguish among an executive legal opinion, a court decision and enacted legislation. The first explains an administration’s legal position; the second can bind parties and establish precedent; the third changes statutory law. That distinction is especially important when people buy guns online, because firearms ordered through the internet generally must still be transferred through a licensed dealer who applies the rules in effect at the time of transfer.
BT Gun Company supports the rights of lawful adults while maintaining the compliance standards expected of a licensed FFL dealer. Customers can browse firearms, ask transfer questions and review product availability through an established gun store. Readers can also follow our latest firearms news for updates from courts, legislatures and federal agencies.
The Next Steps for Florida Gun Owners
The DOJ handgun sales opinion strengthens the constitutional case against age-based restrictions on lawful adult buyers, but the immediate Florida battle will occur in the Legislature, federal agencies and potentially future litigation. The 2027 legislative session may determine whether Florida lawmakers finally repeal the long-gun purchase restriction that the House has repeatedly voted to remove.
Stay informed, understand the law before attempting any transaction and support businesses committed to both constitutional rights and responsible compliance. Visit BT Gun Company to shop with a trusted firearms dealer and follow developments affecting Florida gun owners.