DOJ Decides Ban on Handgun Sales to Young Adults Unconstitutional

The U.S. Department of Justice’s Office of Legal Counsel has ruled that preventing licensed dealers from selling handguns to law-abiding individuals aged 18 to 20 is unconstitutional under the U.S. Constitution.

On Friday, they released a nearly 50-page opinion that argues federal laws concerning handgun sales do not align with the Second Amendment, referencing Supreme Court cases like District of Columbia v. Heller, New York State Rifle & Pistol Ass’n v. Bruen, and Wolford v. Lopez.

This Office contends that “the people” referenced in the Second Amendment includes those aged 18 to 20.

“Eighteen-year-olds can vote, serve on juries, be drafted, and face adult criminal consequences, including the death penalty,” noted T. Elliot Gaiser, Assistant Attorney General for the DOJ’s Office of Legal Counsel. “The Constitution preserves the right to keep and bear arms, and it’s unconstitutional for the DOJ to seek criminal penalties against dealers selling handguns to law-abiding adults who, in nearly all ways, are part of the political community.”

The DOJ emphasized that there’s no historical precedent from the Founding era that supports restricting legal adults from acquiring firearms for public safety, stating that, historically, militia laws often mandated service starting at age 18 and that enrollees had to supply their own weapons.

However, Kris Brown, who leads Brady: United Against Gun Violence, expressed concern over this opinion, suggesting that allowing young adults to carry firearms could pose greater risks to public safety.

“The DOJ’s opinion doesn’t change existing laws but reflects misguided views from the Trump administration. This move not to enforce the law could facilitate easier access to guns for young adults, who are more prone to gun violence,” she commented.

The Firearms Policy Coalition, a pro-gun organization currently challenging this restriction in court, stated that the government can’t legitimately deny those aged 18 to 20 access to handguns just based on age. They support the new opinion but would like the DOJ to extend this reasoning to cover ammunition purchases as well, which are also restricted for individuals under 21.

“We believe that prohibiting young adults between 18 and 20 from buying commonly used firearms contradicts the clear text of the Second Amendment,” the opinion states.

Justice Department Concludes Federal Ban on Handgun Sales to 18 to 20-Year-Olds is Unconstitutional and Cannot Be Criminally Enforced