The U.S. Department of Justice (DOJ) released a legal opinion on Friday stating that a federal law prohibiting licensed firearms dealers from selling handguns and handgun ammunition to adults aged 18 to 20 is unconstitutional. The opinion, written by the Office of Legal Counsel (OLC), argues that the restriction violates the Second Amendment rights of young adults.
The Gun Control Act of 1968 established the current federal age limit, which prevents licensed dealers from selling handguns to those under 21 while still allowing the sale of rifles and shotguns to individuals aged 18 to 20. This DOJ position follows a separate decision not to appeal a court ruling that deregulates certain items under the National Firearms Act, including silencers and short-barreled rifles.
Assistant Attorney General T. Elliot Gaiser wrote in the OLC opinion that 18-year-olds are considered mature enough by law to vote, serve on juries, and be drafted into the military. Gaiser noted that under current statutes, it would be a federal felony for a dealer to sell a handgun to an 18-year-old, even those who compete professionally in shooting sports.
The GIFFORDS organization, which supports gun control measures, criticized the administration's decision. Executive Director Emma Brown characterized the DOJ's move as an effort to satisfy gun lobby donors rather than defend existing law. Brown stated that individuals aged 18 to 20 account for a "disproportionate share" of public mass shootings and gun homicides.
The scale of the impact involves licensed firearms dealers and a significant segment of the adult population. For a young adult in this age bracket, the change could mean the ability to purchase a handgun and ammunition directly from a store rather than relying on private transfers or waiting until age 21. For licensed dealers, it reduces the risk of federal prosecution for sales to this age group, though the DOJ noted the OLC opinion itself is not legally binding and does not set a formal judicial precedent.
The legal landscape remains complex due to conflicting rulings from various federal courts. While the 5th Circuit Court of Appeals has previously ruled the federal ban unconstitutional, the 4th Circuit has upheld it. On the state level, the 3rd and 8th circuits have ruled against age restrictions, while the 10th and 11th circuits have maintained them. Because the Supreme Court declined to review the issue last year, the DOJ's decision to stop defending the ban represents a shift in how federal law will be applied. GIFFORDS has pledged to challenge the administration's actions, but specific court dates or filing deadlines were not reported.