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DOJ declares federal ban on handgun sales to adults under 21 unconstitutional
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DOJ declares federal ban on handgun sales to adults under 21 unconstitutional

Sep 18, 2026

The U.S. Department of Justice issued a legal opinion declaring the federal ban on handgun sales to adults aged 18 to 20 unconstitutional under the Second Amendment. Signed by Assistant Attorney General T. Elliot Gaiser, the opinion directs federal prosecutors to halt criminal enforcement of the 1968 restriction. While gun-rights groups celebrated the decision, gun-safety organizations like Brady and Everytown Law condemned it as a dangerous threat to public safety. The policy shift highlights an ongoing split among federal appellate courts.

DOJ handgun age restriction opinion

  • ▪The U.S. Department of Justice released a legal opinion on September 18, 2026, declaring the federal ban on licensed dealers selling handguns to adults under 21 unconstitutional
  • ▪The Justice Department's Office of Legal Counsel opinion declaring the federal ban on handgun sales to adults aged 18 to 20 unconstitutional, signed by Assistant Attorney General T. Elliot Gaiser on September 17, 2026, serves as controlling legal advice for the executive branch but does not bind federal judges

Second Amendment constitutional basis

  • ▪The Department of Justice stated it found no Founding-era history or tradition of precluding legal adults from purchasing firearms, noting that historical militia statutes required service and self-arming starting at age 18
  • ▪The Department of Justice's Office of Legal Counsel concluded that 18- to 20-year-olds are part of "the people" protected by the Second Amendment, which includes the right to purchase handguns

Debatable claims

  • ▪The Department of Justice should enforce federal laws until courts strike them down
  • ▪The federal ban on handgun sales to adults under 21 is unconstitutional
  • ▪Allowing adults under 21 to purchase handguns poses an unacceptable risk to public safety

6 sources

The Independent
Ban on selling handguns to young adults under 21 is unconstitutional, Justice Department says
View source article
New York Post
Ban on selling handguns to young adults under 21 deemed unconstitutional, DOJ says
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Axios
DOJ won't enforce handgun ban for 18- to 20-year-olds
View source article
USA TODAY
DOJ says it's unconstitutional to impose handgun sales ban on adults under 21
View source article
The Federalist
DOJ: Ban On Handgun Sales To 18-Year-Olds Is Unconstitutional
View source article

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United States

Topics

Supreme CourtConstitutional lawU.S. policy & lawDepartment of Justice