The Department of Justice announced Sept. 18 that it considers a federal ban on handgun sales to adults under 21 to be unconstitutional.
The DOJ's Office of Legal Counsel opinion cited multiple Second Amendment Supreme Court cases expanding the right to carry handguns for self-defense as their primary rationale for declaring the prohibition unconstitutional. Specifically, they determined 18 to 20-year-olds are part of "the people" the Second Amendment protects.
The DOJ's decision is legally binding on federal agencies but it does not bind federal courts and Congress. It also does not create any precedent and can be overturned by the Supreme Court, which has not yet weighed in on the issue.
The opinion does declare that no criminal penalties can
now be enforced against licensed dealers selling handguns to "otherwise law-abiding adults" aged 18 to 20, meaning federal prosecutors are unlikely to pursue such charges in the future.
“Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, including capital punishment,” said Assistant Attorney General T. Elliot Gaiser for the Department of Justice’s Office of Legal Counsel. "The Constitution protects the people’s right to keep and bear arms.”
The Gun Control Act was signed into law by President Lyndon B. Johnson in 1968 and established broad regulations for the firearms industry. The Act required people to be 21 to purchase a handgun but allowed people over 18 to buy a long gun (such as an AK-47 rifle) from dealers. This distinction was made partly because long guns were traditionally used for hunting.
Eight states have passed their own, stricter regulations setting the minimum age for purchasing any firearm at 21. Thirteen other states prohibit those under 21 to purchase some types of firearms.
Gun violence prevention advocates have been raising alarm about the minimum age for purchasing firearms. In 2024, gun control advocacy group Everytown for Gun Safety said that their data analysisshowed that 18-to-20 year-olds commit gun homicides at triple the rate of adults 21 and older.
A John Hopkins study of offenders incarcerated for firearm-related crimes found that 17% of offenders were adults under 21, despite only comprising 4% of the overall U.S. population.
Meanwhile, federal appeals courts are split on the constitutionality of the issue. Last year, the Fifth Circuit ruled that a ban on handgun sales to adults under 21 was unconstitutional, but the Third and Eighth Circuit have said otherwise.
"The provision prohibiting the sale of handguns to 18-to-20-year-olds has protected public safety for generations," said Kris Brown, President of the nonprofit Brady: United Against Gun Violence. "The decision not to enforce the law will make it easier for young adults — a community at higher risk for gun violence — to obtain firearms."
This article originally appeared on USA TODAY: DOJ says it's unconstitutional to impose handgun sales ban on adults under 21
