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DOJ legal memo says ban on 18- to 20-year-old handgun purchases is unconstitutional

The Department of Justice’s Office of Legal Counsel issued an opinion that the federal restriction barring 18- to 20-year-olds from buying handguns violates the Second Amendment.

The Department of Justice’s Office of Legal Counsel released an opinion stating that the statutory ban on handgun purchases by persons aged 18 to 20 is unconstitutional under the Second Amendment. Citing 18 U.S.C. § 922(b)(1) and (c)(1), the memo asserts the law prevents young adults—who are included in the constitutional phrase “the people”—from owning firearms commonly used for self-defense, and that the government must demonstrate the restriction aligns with the nation’s historical firearm regulation, which it cannot do.

Consequently, the opinion suggests the provisions may not be enforced to impose criminal penalties on dealers who sell handguns to this age group. The department qualified its view, indicating that the practical legal ramifications are still unclear. No immediate policy changes were announced.

Why it matters

It could reshape federal gun-sale rules and affect how dealers sell handguns to young adults.

In this story

Second Amendmenthandgun purchase ban18 U.S.C. § 922legal opinionyoung adultsfirearm regulationgovernment burdencriminal penaltiesDOJ
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