DOJ Office of Legal Counsel Finds Federal Handgun Sales Ban for Adults Under 21 Unconstitutional

The Department of Justice’s Office of Legal Counsel has determined it will no longer enforce the federal ban on handgun sales to adults under 21, concluding that the 1968 statute violates the Second Amendment. The 49-page opinion, issued by Assistant Attorney General T. Elliot Gaiser, binds federal prosecutors from seeking criminal penalties against licensed dealers who sell handguns or handgun ammunition to 18- to 20-year-olds. Because the directive applies internally to the Justice Department, it immediately halts federal enforcement but leaves state legislatures and state courts to enforce their own age restrictions independently.[1][3]

The decision marks a formal concession by the federal government that young adults fall within the class of people protected by the Second Amendment. Under the Gun Control Act of 1968, specifically 18 U.S.C. §§ 922(b)(1) and (c)(1), Congress prohibited federally licensed firearms dealers from selling handguns to anyone under 21, while allowing the sale of rifles and shotguns at 18. The Office of Legal Counsel found no historical tradition from the Founding era that justifies precluding legal adults from purchasing firearms to protect public safety, noting that 18-year-olds were historically required to serve in the militia and furnish their own weapons.[1][4]

"Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, including capital punishment," Gaiser wrote in the opinion. He concluded that the Justice Department cannot constitutionally impose criminal penalties on dealers who sell handguns to law-abiding adults who are otherwise treated as full members of the political community.[1][2][3]

The policy shift follows the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which established that firearm regulations must align with the nation’s historical tradition of gun control. Since Bruen, federal appeals courts have split on the constitutionality of age limits for handgun purchases. The Fifth Circuit Court of Appeals previously ruled that the federal ban on handgun sales to adults under 21 is unconstitutional, while other circuits have upheld or struck down similar state-level rules.[2][4]

The Justice Department’s memo does not automatically erase state laws that impose their own age restrictions. States with stricter age limits for purchasing firearms can continue to enforce those laws through state and local prosecutors. The federal opinion explicitly notes that states are not bound by the Office of Legal Counsel's determination, meaning young adults in states with 21-and-over rules will still face state-level prohibitions when attempting to purchase a handgun.[2]

Gun control advocacy groups sharply criticized the Justice Department’s conclusion. Eric Tirschwell, executive director of Everytown Law, stated that the decision pulls the rug out from under federal prosecutors nationwide. "Abandoning protections that target the highest-risk age group for handgun violence isn't just an unconscionable surrender of public safety — it is a dangerous dereliction of duty," Tirschwell said.[2]

Conversely, Second Amendment advocates view the opinion as a necessary alignment with constitutional rights. Gun rights organizations have long argued that an American does not suddenly acquire Second Amendment protections on their 21st birthday, particularly when they can purchase long guns or face military conscription at 18.[4]

The Supreme Court has yet to weigh in on the federal age limit for handguns since establishing the Bruen standard. Until the high court issues a definitive ruling, the Office of Legal Counsel's opinion dictates the federal government's posture, ensuring that licensed dealers will not face federal felony charges for selling handguns to 18- to 20-year-olds in states where such sales are otherwise legal.[2]