The Department of Justice's Office of Legal Counsel released a legal opinion stating that federal law cannot prohibit licensed dealers from selling handguns to law-abiding adults aged 18 to 20. The OLC concluded that federal statutes 18 U.S.C. § 922(b)(1) and (c)(1) violate Second Amendment protections.
These statutes barred federally licensed dealers from selling handguns or handgun ammunition to individuals under 21. The OLC's opinion means these federal prohibitions cannot be enforced against dealers selling to adults in the 18-to-20 age bracket.
"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, head of the OLC. "The Constitution protects the right to keep and bear arms, and the Department of Justice cannot constitutionally impose criminal penalties on dealers who sell handguns to law-abiding adults who are otherwise members of the political community."
The OLC determined that 18-to-20-year-olds are among "the people" protected by the Second Amendment. The restrictions burden their ability to acquire commonly used arms, making the statutes presumptively unconstitutional under the Second Amendment's text.
The OLC found no historical tradition from the Founding era that barred legal adults from purchasing firearms. Founding era militia statutes frequently required service beginning at age 18, and enrollees were expected to furnish their own arms.
The opinion follows Supreme Court interpretations in District of Columbia v. Heller, New York State Rifle Pistol Ass'n v. Bruen, and Wolford v. Lopez. These decisions shaped the OLC's assessment of the federal statutes.
As a result, federal criminal penalties under Section 922(b)(1) and (c)(1) cannot be imposed on licensed dealers who sell handguns to law-abiding adults aged 18 to 20.
