Justice Department Legal Opinion Concludes Federal Ban on Handgun Sales to Adults Under 21 is Unconstitutional

The U.S. Justice Department released a legal opinion concluding that a federal statute prohibiting licensed firearms dealers from selling handguns and handgun ammunition to young adults between the ages of 18 and 20 is unconstitutional. According to the document, the restriction infringes upon the Second Amendment rights of individuals in that age group.

The opinion, issued by T. Elliot Gaiser, assistant attorney general for the Office of Legal Counsel, highlights the legal contradictions faced by citizens who attain legal adulthood at age 18. The text notes that laws treat 18-year-olds as mature enough to be drafted, vote, serve on a jury, and face capital punishment, yet federal statutes prevent them from purchasing pistols from licensed dealers.

While the Office of Legal Counsel opinion carries no formal legal binding and establishes no binding precedent, CBS News reported that it will likely influence federal prosecutors nationwide. Prosecutors are expected to refrain from pursuing felony charges against licensed firearms dealers who knowingly sell handguns to individuals between 18 and 20 years old.

The decision drew sharp criticism from gun control advocates. Emma Brown, executive director of the pro-gun control organization GIFFORDS, condemned the move in a public statement, arguing that the administration was declining to defend existing statutes to appease the gun lobby. Brown pointed out that individuals aged 18 to 20 account for a significant share of gun violence and mass shootings, emphasizing that minimum age requirements serve a vital public safety function.

The underlying restriction originated in the Gun Control Act of 1968, through which Congress banned federally licensed firearm dealers from selling handguns and associated ammunition to buyers under 21. However, the 1968 statute permits young adults under the age of 21 to purchase long guns, including rifles and shotguns, alongside corresponding ammunition, though certain states maintain more restrictive age parameters for long guns.

Age limitations on firearm purchases have generated extensive litigation across the United States, producing divided outcomes in federal appeals courts. The 5th Circuit Court of Appeals determined last year that the federal prohibition against handgun sales to adults under 21 violates the Second Amendment. Similar rulings against state-level age restrictions were handed down by the 3rd and 8th Circuit Courts of Appeals.

Conversely, other appellate courts have reached different conclusions. The 4th Circuit upheld the federal age restrictions last year, while the 10th and 11th circuits upheld age limits implemented at the state level. The U.S. Supreme Court, which has adopted an expansive interpretation of Second Amendment protections in recent years, declined to review the issue when petitioned last year.

The Justice Department's latest opinion follows another administration decision regarding federal firearms regulations. Just a day prior to the release of the Office of Legal Counsel document, CBS News reported that the Justice Department opted against appealing a court ruling that largely deregulates specialized items under the National Firearms Act, including silencers, short-barreled rifles, and short-barreled shotguns. The restriction on handgun sales to young adults operates under a separate statutory framework from those National Firearms Act provisions.