The U.S. Department of Justice announced on September 18 that a federal prohibition on handgun sales to adults aged 18 to 20 is unconstitutional. The agency’s Office of Legal Counsel (OLC) based its opinion on recent Supreme Court decisions affirming Second Amendment protections for carrying handguns for self-defense, concluding that individuals in this age group fall within “the people” safeguarded by the Constitution.
This legal interpretation, while binding on federal agencies, does not compel courts or Congress and does not set legal precedent. Moreover, it may be subject to reversal should the Supreme Court ultimately address the matter. The OLC opinion effectively prohibits the enforcement of criminal penalties against licensed firearms dealers who sell handguns to law-abiding adults aged 18 to 20, signaling that federal prosecutors are unlikely to pursue charges related to such sales going forward.
“Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, including capital punishment,” Assistant Attorney General T. Elliot Gaiser stated on behalf of the Office of Legal Counsel. “The Constitution protects the people’s right to keep and bear arms.”
The relevant federal regulation—the Gun Control Act of 1968, signed by President Lyndon B. Johnson—established nationwide standards for firearm sales, setting the minimum age to purchase handguns at 21. The law simultaneously allowed individuals age 18 and older to purchase long guns, such as rifles, reflecting traditional distinctions related to firearm use. Currently, eight states have enacted stricter regulations banning all firearm sales to those under 21, while thirteen others impose some restrictions on firearm purchases for this group.
Gun violence prevention advocates have criticized the age restrictions as insufficient. A 2024 analysis by the advocacy group Everytown for Gun Safety reported that 18- to 20-year-olds commit gun-related homicides at three times the rate of adults over 21. Similarly, a Johns Hopkins study found that adults under 21 accounted for 17 percent of incarcerated offenders with firearm-related crimes, despite representing only 4 percent of the national population.
Federal appellate courts remain divided on the issue. In 2025, the U.S. Court of Appeals for the 5th Circuit ruled that prohibiting handgun sales to adults under 21 is unconstitutional. Conversely, the 3rd and 8th Circuits have upheld such restrictions.
Kris Brown, president of the gun violence prevention group Brady: United Against Gun Violence, criticized the DOJ’s stance, stating, “The provision prohibiting the sale of handguns to 18- to 20-year-olds has protected public safety for generations. The decision not to enforce the law will make it easier for young adults—a community at higher risk for gun violence—to obtain firearms.”