The US Justice Department has issued a legal opinion concluding that the federal prohibition on licensed firearms dealers selling handguns to adults aged 18 to 20 is unconstitutional and cannot be criminally enforced. The opinion was released by the Department’s Office of Legal Counsel on September 18, 2026.
The federal restriction, contained in Sections 922(b)(1) and 922(c)(1), generally prevents federally licensed firearms dealers from selling handguns or handgun ammunition to individuals under 21. The Justice Department’s Office of Legal Counsel said the restriction conflicts with the Second Amendment as interpreted by recent Supreme Court decisions.
According to the DOJ opinion, adults between 18 and 20 are part of “the people” protected by the Second Amendment. The department argued that the federal government cannot impose criminal penalties on licensed dealers who sell handguns to otherwise law-abiding adults in this age group.
The opinion relies on the Supreme Court’s interpretation of the Second Amendment in cases including District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen. The DOJ also cited subsequent lower-court decisions in developing its legal reasoning.
The department’s position does not mean that every state must immediately allow handgun sales to people under 21. State laws can impose their own age restrictions, and the DOJ opinion does not invalidate those state-level rules.
The legal situation has been complicated by differing decisions from federal appeals courts. Some courts have found restrictions on handgun purchases by adults under 21 unconstitutional, while other courts have upheld similar age restrictions. The US Supreme Court has not directly resolved the constitutionality of the federal handgun-sales restriction following its modern Second Amendment jurisprudence.
The DOJ opinion is also different from a court ruling. It provides legal guidance within the executive branch, but it does not itself create a judicial precedent or formally erase the federal statute from the US Code. The underlying federal law remains on the books unless changed by Congress or invalidated through the courts.
The Justice Department’s announcement has generated contrasting reactions. Gun-rights advocates have viewed the legal opinion as supporting Second Amendment protections for young adults, while gun-control organizations have criticized the decision and raised concerns about the potential impact on firearm safety and enforcement.
The development is therefore significant for the ongoing US debate over firearm regulations, constitutional rights and the minimum age for purchasing handguns from federally licensed dealers.