The U.S. Department of Justice has concluded that a federal law that prevents licensed firearms dealers from selling handguns to adults, ages 18-20, is unconstitutional.
The DOJ’s Office of Legal Counsel issued its opinion on Sept. 17 with the department publicly announcing the conclusion on Sept. 18, the opinion states that federal prosecutors can no longer criminally enforce the restriction against licensed deals selling handguns to otherwise law-abiding adults, 18-20 years of age.
The decision involves federal law, however, the prohibition does not automatically invalidate separate firearm restrictions imposed by individual states.
What the DOJ Opinion Says
The Office of Legal Counsel examined federal statutes 18 U.S.C. § 922(b)(1) and § 922(c)(1) which generally prohibit federally licensed firearms dealers from selling handguns or handgun ammunition to people under the age of 21.
According to the DOJ, adults, age 18-20, are part of “the people” protected by the Second Amendment and the opinion relied heavily on Supreme Court decisions including District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, as well as subsequent federal court decisions regarding the matter.
Assistant Attorney General T. Elliot Gaiser of the Office of Legal Counsel noted the fact that 18-year-olds can vote, serve on juries and be subject to adult criminal penalties.
The DOJ concluded that the federal government cannot constitutionally impose criminal penalties against licensed dealers in selling handguns to otherwise eligible adults.
What Changes Under the DOJ Decision?
The opinion does not repeal the federal statute or form a new Supreme Court precedent on the matter.
Instead, the opinion provides the executive branch with the Justice Department’s legal interpretation of the existing law. The opinion states that the federal prohibition cannot be criminally enforced against licensed dealers in selling handguns to otherwise law-abiding 18-to-20-year-olds.
The issue remains subject to judicial review and the Supreme Court has not issued a ruling regarding the constitutionality of the federal handgun-sales restriction for 18-to-20-year-olds.
Federal Law Dates Back To 1968
The age restriction comes from the Gun Control Act of 1968.
Under the federal framework, licensed firearms dealers have generally been prohibited from selling handguns to people under the age of 21, while federal law has treated purchases of rifles and shotguns differently for adults 18 and older.
The distinction has been challenged in federal courts especially since the changes in Second Amendment jurisprudence of the past several years.
Federal Courts Have Reached Differing Conclusions
The constitutionality of age restrictions regarding handgun sales have resulted in conflicting decisions in federal courts.
In January of 2025, the Fifth Circuit Court of Appeals ruled that the federal restrictions, which prevents licensed dealers from selling handguns to 18-to-20-year-olds, are inconsistent with the Second Amendment. The court revisited an earlier ruling after considering more recent Supreme Court decisions on the Second Amendment.
Other federal courts have reached differing conclusions on similar restrictions and the disagreement has resulted in increased legal uncertainty regarding the federal age limit.
State Laws Are Separate
The DOJ opinion applies to the federal government’s enforcement of federal law, it does not automatically eliminate state firearm laws.
States can have their own restrictions regarding the purchase, possession or transfer of firearms and those laws can remain in place unless changed or struck down through the appropriate legal process.
As a result, the practical effect of the DOJ opinion, can vary, depending on where a person is.
Gun-Safety Groups Criticize
Gun-violence prevention organizations have criticized the Justice Department’s position on the matter.
Brady, a gun-violence prevention organization, has argued that minimum-age restrictions have been used as a public-safety measure and the DOJ’s decision can allow for some young adults to acquire handguns more easily.
Other gun-rights organizations have supported the legal reasoning behind the opinion claiming that the adults, age 18-20, are protected by the Second Amendment and should not face a federal age-based restriction on the purchase of commonly used firearms.
These competing arguments reflect the broader debate regarding firearm access and public safety.
What Happens Next?
The DOJ opinion does not permanently settle the issue and Congress can change the federal law, the courts can continue to consider challenges to the restriction and the Supreme Court can address the issue directly.
For now, the Justice Department has concluded that the federal government cannot criminally enforce the handgun-sales prohibition against licensed deals for selling to otherwise law-abiding adults, 18-20 years of age.
FAQs
Can 18-year-olds now legally buy handguns from federally licensed dealers?
The DOJ has concluded that the federal government cannot criminally enforce the federal prohibition against licensed dealers in selling handguns to otherwise law-abiding adults age 18-20. However, state laws and other eligibility requirements may apply.
Did the DOJ repeal the federal handgun age law?
No. The DOJ opinion does not repeal the statute, it represents the Office of Legal Counsel’s conclusion that the restriction is unconstitutional and cannot be criminally enforced by the federal government.
Has the Supreme Court ruled on this specific federal age restriction?
No. The Supreme Court has not directly resolved the constitutionality of the federal prohibition on licensed dealers in the sale of handguns to 18-to-20-year-olds.
Can the states continue enforcing their own age restrictions?
Yes. The DOJ’s opinion concerns the federal government’s enforcement of federal law and does not automatically invalidate separate state firearm laws.
Why is the issue being debated?
The dispute focuses on how the Second Amendment applies to adults, age 18-20, and whether the federal restriction is consistent with the historical tradition of firearm regulation required by recent Supreme Court decisions.