DOJ Says Handgun Ban for 18-20-Year-Olds Is Unconstitutional
The Justice Department says the federal ban on handgun sales to 18-to-20-year-olds is unconstitutional. Read up on what the opinion changes — and what it doesn’t.
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The federal law banning 18-to-20-year-olds from buying handguns doesn't have legs under the Supreme Court's Second Amendment framework, according to the 49-page opinion written by the Justice Department's Office of Legal Counsel (OLC).
“Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, including capital punishment,” Assistant Attorney General Elliot Gaiser said in a statement.
“The Constitution protects the people’s right to keep and bear arms. The Department of Justice may not constitutionally seek to impose criminal penalties on dealers who sell handguns to law-abiding adults who, in nearly every other relevant respect, are members of the political community.”
The opinion rests on historical precedent, pointing to the Militia Act of 1792, which required able-bodied men 18 and older to enroll and provide their own firearms. Nearly every other state militia law of that era set the same age.
The opinion argues that the Founding generation didn't restrict young adults from owning them.
Gun control groups, on the other hand, disagreed, calling the opinion dangerous.
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“Federal prosecutors nationwide will stop holding illegal sellers of handguns to 18- to 20-year-olds accountable if they know the DOJ has pulled the rug out from under them,” Eric Tirschwell, executive director of Everytown Law, told The Associated Press. “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.”
Under current federal law, governed by the Gun Control Act of 1968, federally licensed dealers can't sell handguns or handgun ammo to individuals under 21 -- though the same buyers can legally purchase rifles and shotguns.
Federal law also doesn't prohibit 18-to-20-year-olds from receiving handguns as gifts or through private transfers; though, many states restrict those transfers.
Age limits have been the source of contention in several states, amid legal challenges. The Fifth Circuit Court of Appeals, as well as the Third and Eight Circuits, have previously declared the ban on handgun sales to individuals under 21 to be unconstitutional. Meanwhile, the Fourth, Tenth, and Eleventh have all upheld the age limit on handgun purchases.
The Supreme Court was asked to take up the issue last year, but declined.
This latest opinion arrives on the heels of another major 2A victory -- a decision by the DOJ not to appeal a ruling that deregulates suppressors and short-barreled rifles under the National Firearms Act.
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What This Means for Gun Owners
Though the DOJ's opinion has been considered a win by gun rights groups, very little will change at the gun counter.
The OLC opinion is only binding for the executive branch -- meaning DOJ and the ATF are expected to follow it. That said, it is not legally binding in courts or states, nor does it create any precedent or repeal anything.
The statute is still on the books, and ATF's regulations still stand. In fact, the opinion acknowledges that roughly 17 states have their own age restrictions that remain enforced.
What it does indicate is that federal prosecutors are unlikely to pursue felony charges against FFLs suspected of knowingly selling handguns to purchasers under 21. That said, a dealer who does so still violates federal law, at least on paper, and still risks losing their license.
Future administrations could also withdraw the opinion.
What do you think? Should 18-20-year-olds be able to buy handguns? Let us know in the comments below! For more news, check out our News Section.
Additional Resources
- Office of Public Affairs: Justice Department Concludes Federal Ban on Handgun Sales to 18 to 20-Year-Olds is Unconstitutional and Cannot Be Criminally Enforced
- The Associated Press
- CBS News
- Application of 18 U.S.C. § 922(b)(1) and (c)(1) to Young Adults