The Department of Justice (DOJ) announced on Monday that it would withdraw its appeal regarding a federal law that barred handgun sales to adults under 21. This comes after the DOJ’s Office of Legal Counsel (OLC) declared the prohibition unconstitutional in a memo dated September 17, referencing recent judicial decisions, including the Bruen and Wolford cases.
In a filing with the Fifth Circuit Court, which was reviewing the case of Firearms Policy Coalition (FPC) v. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the government indicated that it would not contest a lower court’s ruling. “According to Federal Rule of Appellate Procedure 42(b)(2), the government respectfully moves to voluntarily dismiss its appeal in this case, with each party to bear its own costs,” the motion noted, adding that the plaintiffs agreed to this motion.
On the same day, the DOJ submitted a brief stating that the OLC memo had rendered the case moot. “In our lawsuit challenging the federal young adult handgun ban, the DOJ has filed: 1) A motion to dismiss its appeal in the case 2) A response brief in our appeal, which argues that the case is now moot because the federal government ‘will not enforce the challenged provisions against anyone, anywhere,’” the FPC tweeted.
The brief explained that on September 17, 2026, in response to a query from the Attorney General, the OLC assessed that certain sections of the law and their regulations contradicted the Second Amendment. The OLC concluded that the restrictions could not be enforced against sellers selling handguns to individuals aged 18 to 21.
Continuing, the brief asserted, “This dispute is now moot. The Department of Justice’s statement that it will not enforce the contested provisions shows there is no longer an active controversy. Therefore, the Court need not delve into other relief matters that would normally arise. Even if the Court finds the case is not moot, the OLC opinion indicates there is no justification for extending the permanent injunction as the plaintiffs seek.”
The memo from September 17 noted that 18-year-olds are considered mature enough to enjoy various rights and responsibilities, including voting and service in the military. It pointed out, “Laws allow an eighteen-year-old to be drafted, vote, serve as a juror, and face the death penalty. Yet, statutes suggesting they aren’t responsible enough to handle a pistol create contradictions, as it would have been a federal crime for a licensed dealer to sell firearms to an eighteen-year-old Olympic athlete returning to school.”
This case, initially called Reese v. ATF, originated in November 2020 and has gone through various courts, including a reversal of the Biden administration’s summary judgment by the Fifth Circuit. Eventually, in January, the district court ruled in favor of the plaintiffs after the appellate court’s decision.
