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DOJ Says Ban on Selling Handguns to Young Adults Under 21 Is Unconstitutional

The Office of Legal Counsel said the ban cannot be criminally enforced against licensed dealers and cited Supreme Court precedent and historical tradition.

  • On Friday, September 18, 2026, the Justice Department released an opinion concluding that federal statutes prohibiting licensed dealers from selling handguns to adults aged 18 to 20 are unconstitutional and cannot be criminally enforced.
  • The Office of Legal Counsel evaluated the Gun Control Act using the Second Amendment framework established by the Supreme Court in District of Columbia v. Heller, New York State Rifle & Pistol Ass'n v. Bruen, and Wolford v. Lopez.
  • Assistant Attorney General T. Elliot Gaiser wrote that 18-year-olds are fully part of "the people" covered by constitutional protections, citing early American laws requiring military service and weapon possession starting at age 18.
  • Licensed gun dealers cannot face federal criminal prosecution for selling handguns and ammunition to law-abiding adults between the ages of 18 and 20, as the Justice Department determined these statutes violate the Second Amendment.
  • The Justice Department clarified that these findings do not affect federal laws prohibiting handgun possession by minors under 18 or other federal background check provisions, maintaining existing regulations for younger individuals.
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The Free Press (Tampa) broke the news in Tampa, United States on Friday, September 18, 2026.
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