The U.S. Department of Justice’s Office of Legal Counsel released a new legal opinion stating that the federal ban on licensed firearms dealers selling handguns to adults ages 18 to 20 cannot be enforced under the Constitution’s Second Amendment. The opinion, issued on Friday, directly addresses 18 U.S.C. § 922(b)(1) and (c)(1), which currently prohibit dealers from selling handguns or handgun ammunition to anyone under 21.
Legal reasoning
The Office of Legal Counsel argued that the restrictions are inconsistent with the Second Amendment as interpreted by the Supreme Court in District of Columbia v. Heller, New York State Rifle & Pistol Ass’n v. Bruen, and later cases such as Wolford v. Lopez. According to the opinion, adults between 18 and 20 are “among ‘the people’” protected by the amendment.
Assistant Attorney General T. Elliot Gaiser emphasized that 18‑year‑olds already enjoy full civic responsibilities: they can vote, serve on juries, be drafted into the military, and face adult criminal penalties, including capital punishment. “The Constitution protects the people’s right to keep and bear arms,” Gaiser said, adding that the Justice Department cannot constitutionally impose criminal penalties on dealers who sell handguns to law‑abiding adults in that age group.
Historical analysis
The opinion examined historical firearm regulations from the founding era and found no tradition of preventing legal adults from purchasing firearms as a public‑safety measure. Early militia laws typically required service beginning at age 18, with militia members expected to provide their own weapons. The analysis concluded that there is no comparable historical restriction on firearm purchases by adults aged 18 to 20.
Because the federal statutes burden the ability of adults to acquire commonly used firearms, the Office of Legal Counsel determined that the laws fall within the amendment’s plain text and are presumptively unconstitutional.
Practical implications
The opinion does not repeal the statutes themselves; it merely states that the Justice Department lacks authority to enforce criminal penalties against licensed dealers who sell handguns to otherwise law‑abiding adults ages 18 to 20. Enforcement actions against dealers under the current statutes would therefore be vulnerable to successful constitutional challenges.
Legal scholars and gun‑rights advocates have welcomed the opinion as a reaffirmation of the Second Amendment’s broad protection for adult gun ownership. Critics argue that lowering the age threshold could increase access to firearms among younger adults, potentially affecting public safety. The Department of Justice has not indicated any immediate policy changes beyond the legal conclusion.
Next steps
While the opinion signals a shift in the federal government’s stance, any change to the statutory language would require congressional action. Until such legislation occurs, the existing ban remains on the books, though its enforceability is now in question.
Stakeholders, including firearms dealers, advocacy groups, and state regulators, are expected to monitor how courts respond to challenges based on this opinion. The legal landscape surrounding the Second Amendment continues to evolve, and this development adds another layer to the ongoing national debate over gun rights and public safety.
Original reporting: WBAP News/Talk (Dallas-Fort Worth) — read the source article.
