Full Breakdown
DOJ Says Federal Handgun Age Ban Unenforceable
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DOJ Opinion Declares Ban Unenforceable
The Justice Department’s Office of Legal Counsel issued a 49-page opinion stating that the federal prohibition on licensed dealers selling handguns to law-abiding adults ages 18-20 violates the Second Amendment and therefore cannot be criminally enforced. The opinion does not repeal 18 U.S.C. §§ 922(b)(1) and 922(c)(1) but directs the executive branch not to pursue criminal penalties against dealers who sell handguns to that age group.
Legal Background and Split Courts
The statutory age-21 limit for handgun purchases from licensed dealers has been contested in multiple appellate courts. The 3rd, 5th, and 8th Circuits have struck down similar restrictions for 18- to 20-year-olds, while the 4th, 10th, and 11th Circuits have upheld them. The Supreme Court declined to resolve the issue on June 30 (occurred), leaving the circuit split intact.
Official Statements & Responses
Assistant Attorney General T. Elliot Gaiser authored the opinion, arguing that the Constitution and that “our laws deem an eighteen-year-old ‘mature enough to be drafted, vote, serve as a juror, and be sentenced to death.’” The Department of Justice indicated it will not prosecute licensed dealers solely for selling handguns to eligible 18- to 20-year-old buyers.
Verbatim Quotes
- “Our laws deem an eighteen-year-old ‘mature enough to be drafted, vote, serve as a juror, and be sentenced to death,’” — General Elliot Gaiser, assistant attorney
- “Yet, due to statutes predicated on concerns over an eighteen-year-old’s ability to handle a pistol as a responsible adult, it would have been a federal felony if a licensed dealer had sold her such a firearm before she left or after she returned to her studies at the University of Texas at Arlington,” — General Elliot Gaiser, assistant attorney