DOJ says federal handgun sales restrictions for adults under 21 are unconstitutional.
The U.S. Department of Justice (DOJ) has issued a legal opinion concluding that the federal restriction on licensed firearm dealers selling handguns to adults ages 18 to 20 is unconstitutional and cannot be enforced through criminal penalties against dealers who sell to otherwise law-abiding members of that age group. The opinion was released September 18, 2026, by the DOJ’s Office of Legal Counsel, addressing two federal laws, 18 U.S.C. § 922(b)(1) and 18 U.S.C. § 922(c)(1), which generally prohibit federally licensed dealers from selling handguns or handgun ammunition to people under 21. The department determined that the handgun sales ban conflict with the Second Amendment when applied to lawful adults between the ages of 18 and 20.
The legal analysis relies on Supreme Court decisions concerning the constitutional right to possess firearms. Those decisions include District of Columbia v. Heller, New York State Rifle & Pistol Association v. Bruen, and later rulings, including Wolford v. Lopez. According to the Office of Legal Counsel, these decisions establish a framework for examining firearm restrictions based on the Constitution’s text and the nation’s historical traditions under which the DOJ concluded that adults ages 18 to 20 belong to the group of people protected by the Second Amendment. The opinion states that restrictions preventing members of this age group from purchasing commonly used firearms burden a constitutional right and are therefore presumed to be unconstitutional unless supported by the required legal justification.
Assistant Attorney General T. Elliot Gaiser, who leads the Office of Legal Counsel, pointed to the responsibilities and legal rights already assigned to adults beginning at age 18. These include voting, serving on juries, possible military service through the draft, and being subject to adult criminal penalties. He argued that the Constitution’s protections extend to law-abiding adults who are recognized as members of the political community in these other areas. The agency also examined historical firearm laws and practices from the nation’s founding. Its opinion found no established history or tradition from that period of preventing legal adults from purchasing firearms as a means of protecting public safety. Instead, the analysis noted that many early militia laws required service beginning at age 18 while commonly requiring militia members to provide their own weapons.
The historical findings formed part of the agency’s reasoning that the federal restrictions do not meet the constitutional standard established by the Supreme Court’s recent Second Amendment decisions. The opinion maintains that the government cannot impose criminal penalties on licensed dealers for conduct protected by the Constitution. The department’s conclusion specifically concerns federal enforcement of the two statutes against dealers who sell handguns to otherwise law-abiding adults ages 18 to 20. It does not state that every firearm restriction has been invalidated, nor does the announcement establish that all state and local firearm laws have been removed or changed.
The announcement represents the Office of Legal Counsel’s interpretation of the Constitution and the department’s position on enforcing the federal handgun sales restrictions. The opinion explains why the department believes criminal enforcement against dealers in these circumstances would violate the Second Amendment. The DOJ published the opinion through its Office of Public Affairs and made the full legal document available for review. The release was listed as press release number 26-1078 and updated on September 18, 2026. The department concluded that the Second Amendment protects those adults and that the identified federal restrictions cannot constitutionally be enforced against dealers who make such sales.
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DOJ legal opinion finds federal ban on handgun sales to 18-to-20-year-olds unconstitutional
