DOJ won't enforce handgun ban for 18- to 20-year-olds

The Justice Department announced on Friday that it will not enforce a 1968 federal law that prohibits licensed gun dealers from selling handguns to individuals aged 18 to 20, following an opinion from its Office of Legal Counsel. This decision, signed by Assistant Attorney General T. Elliot Gaiser, claims that the law violates the Second Amendment and that 18- to 20-year-olds, as adults, are protected by this constitutional right.

The OLC's opinion does not definitively state that criminal enforcement is unconstitutional, but it does suggest that federal agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives may no longer enforce the ban administratively. The White House, the Department of Justice, and the ATF have not yet commented on the decision.

Gun-safety groups have criticized the move, calling it "illegal and dangerous" and promising to fight against it. Brady President Kris Brown claimed that the opinion does not alter the law and misinterprets the nation's history of gun regulation. The provision preventing handgun sales to 18-to-20-year-olds has been in place for generations, according to Brown, and serves to protect public safety.

The Supreme Court has not ruled on the constitutionality of age restrictions on handgun sales for adults under 21, and federal appellate circuits have split on the issue. Three circuits have struck down such bans, while three others have upheld them. The 2022 Bruen decision altered how courts assess gun restrictions by requiring them to align with historical precedent.

Firearms Policy Coalition, one of the plaintiffs challenging the restriction in an ongoing case, argued that the federal government cannot deny 18- to 20-year-olds access to handguns based solely on age. The group expressed a desire for broader DOJ action, including covering handgun ammunition, but confirmed that licensed dealers have not been instructed to begin making the sales.

The DOJ's decision is part of President Trump's broader effort to reshape gun policy, following an examination by then-Attorney General Pam Bondi into potential infringements on Second Amendment rights.