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The Justice Department says the federal government cannot constitutionally punish licensed dealers for selling handguns to law-abiding adults ages 18 through 20.
The DOJ announced the major policy shift Friday after releasing a 49-page opinion from its Office of Legal Counsel. The opinion concludes that the federal age restriction violates the Second Amendment.
The policy does not repeal the federal statute. However, it directs the executive branch not to criminally enforce it against dealers selling handguns to otherwise eligible young adults.
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DOJ Calls 18-Year-Olds Part of “The People”
Federal law has generally prohibited federally licensed dealers from selling handguns to anyone younger than 21. Adults ages 18 through 20 could still purchase rifles and shotguns from dealers.
Federal law also allowed them to receive handguns through certain gifts or private, in-state transfers. State restrictions could still block those transactions.
The Office of Legal Counsel found that adults under 21 remain part of “the people” protected by the Second Amendment.
“Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties,” Assistant Attorney General T. Elliot Gaiser said.
The opinion also noted that the Constitution establishes specific age limits for holding federal office. The Second Amendment contains no comparable age requirement.
DOJ Finds No Historical Match
Under the Supreme Court’s Bruen test, the government must connect modern gun restrictions to the nation’s historical firearm regulations.
The DOJ said it could not find a strong historical tradition supporting a nationwide handgun-purchase ban for adults under 21.
Instead, militia laws around the Founding commonly required service beginning at age 18. Those young men were often expected to provide their own firearms.
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Some laws required parents or guardians to arm militia members who could not afford weapons. According to the DOJ, those measures sought to ensure young adults were armed rather than keep guns away from them.
The opinion also rejected comparisons to Founding-era contract rules. Those rules sometimes allowed minors to cancel agreements. They did not criminalize merchants for selling lawful products to them.
This Is Not a Court Ruling
The decision carries substantial weight inside the federal government. Office of Legal Counsel opinions provide controlling legal guidance to executive-branch agencies.
However, the opinion does not erase the statute passed by Congress. It also does not bind federal courts or prevent a future administration from changing the government’s position.
Courts remain divided on the issue. The Fifth Circuit struck down the federal restriction in Reese v. ATF. The Fourth Circuit upheld it in a separate case.
The Supreme Court has not settled that split. It declined to hear several challenges involving young-adult firearm restrictions in June.
Gun-control organizations criticized the DOJ’s move and argued that younger adults present greater public-safety risks. Gun-rights groups counter that constitutional rights begin at adulthood, not age 21.
Several Restrictions Remain
The DOJ opinion is narrower than a blanket authorization for every 18-year-old to purchase any firearm.
It does not address handgun possession by anyone younger than 18. It also leaves background checks and other age-neutral dealer requirements intact.
The enhanced federal review period for firearm buyers under 21 also remains outside the opinion’s scope. Prohibited persons remain barred from buying or possessing firearms.
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State and local age restrictions may also remain enforceable. Dealers must still account for laws within their jurisdictions.
The DOJ’s conclusion is nevertheless a major change. The federal government now considers law-abiding Americans ages 18 through 20 protected adults when they seek to purchase a handgun from a licensed dealer.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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this don’t stop the states from punishing everybody so what good is that law change???