Justice Department Says Federal Dealers Can Sell Handguns to Adults 18 to 20

The Justice Department says it will no longer use federal criminal law to punish licensed dealers for selling handguns to otherwise law-abiding adults ages 18 to 20. The change follows a new Office of Legal Counsel opinion concluding that the federal under-21 restriction is unconstitutional as applied to those young adults.

The Immediate Change Is About Federal Enforcement

The federal statutes at issue generally bar licensed dealers from selling handguns or handgun ammunition to people under 21. In a September 18 announcement, the Justice Department said its lawyers had concluded those provisions cannot constitutionally be enforced against dealers who sell to otherwise eligible adults between 18 and 20.

That means the practical federal position has changed even though the statutory language remains part of federal law. The department’s action is based on its own constitutional interpretation, not a new act of Congress repealing the provisions.

The Opinion Focuses on Adults Ages 18 to 20

The Office of Legal Counsel said people in that age group are protected by the Second Amendment and pointed to Supreme Court decisions governing firearm restrictions. The opinion also cited the legal responsibilities that begin at 18, including voting and jury service, as part of its analysis.

The Justice Department’s conclusion applies to criminal enforcement against licensed dealers selling handguns to otherwise law-abiding young adults. It does not erase other federal or state restrictions that may apply to a particular buyer or transaction.

The Legal Debate Is Not Necessarily Finished

The Justice Department has adopted a clear enforcement position, but courts can still be asked to decide related constitutional questions. Different federal courts have considered age-based firearm restrictions in recent years, and the new opinion does not itself bind every court.

For buyers and dealers, however, the federal executive branch has changed what it says can be criminally enforced now. That makes the 18-to-20 age line the concrete consequence of the latest decision.

References: Justice Department Concludes Federal Ban on Handgun Sales to 18 to 20-Year-Olds is Unconstitutional and Cannot Be Criminally Enforced