The U.S. Department of Justice (DOJ) on Friday issued a legal opinion concluding that a federal law prohibiting licensed firearms dealers from selling handguns to adults aged 18 to 20 is unconstitutional and cannot be enforced.
The opinion, released by the DOJ’s Office of Legal Counsel, states that the law violates the Second Amendment’s protection of the right to keep and bear arms. Assistant Attorney General T. Elliot Gaiser emphasized that 18-year-olds are considered mature enough to vote, serve on juries, be drafted, and face adult criminal penalties, including the death penalty. The DOJ will not defend or prosecute cases under the law, which has faced competing court rulings since a landmark Supreme Court decision reshaped firearms regulations.
Key Details of the Opinion
The legal opinion argues that the federal ban on handgun sales to 18- to 20-year-olds fails to align with the nation’s historical tradition of firearm regulation. The DOJ’s review concluded that the government cannot demonstrate a sufficient historical basis to justify the restriction. The opinion is not legally binding but is expected to influence federal prosecutors nationwide to refrain from pursuing felony charges against dealers who sell handguns to individuals in this age group.
The DOJ’s announcement follows a separate decision one day prior, where the department declined to appeal a court ruling deregulating silencers and certain firearms under the National Firearms Act. The handgun sales ban originated from a separate federal statute.
Reactions and Broader Implications
The DOJ’s decision has drawn criticism from gun control advocates. GIFFORDS, a pro-gun control organization, condemned the move as an attempt to appease the gun lobby. Executive Director Emma Brown stated that individuals aged 18 to 20 are responsible for a disproportionate share of school shootings and public gun violence.
The legal opinion does not create binding precedent but signals a shift in the federal government’s approach to enforcing the handgun sales ban. Licensed dealers who previously risked felony charges for selling handguns to 18- to 20-year-olds may now proceed without fear of prosecution under the federal statute.
Background and Legal Context
The DOJ’s opinion hinges on the Supreme Court’s interpretation of the Second Amendment, particularly its 2022 decision in New York State Rifle & Pistol Association v. Bruen. That ruling established that gun regulations must be consistent with the nation’s historical tradition of firearm regulation. The DOJ argues that the handgun sales ban does not meet this standard, as 18- to 20-year-olds are recognized as full members of the political community with adult responsibilities.
The opinion also notes that the federal government has not historically restricted handgun ownership based solely on age for this demographic. The DOJ’s stance reflects a broader trend of challenging gun laws in the wake of Bruen, which has led to the invalidation of several firearms restrictions across the country.