DOJ Claims Federal Gun Law Banning Handguns for Under-21s Unconstitutional

DOJ declares federal law banning handgun sales to 18-20-year-olds unconstitutional, citing Second Amendment rights. Legal opinion sparks debate over gun cont...

Editorial Desk

September 19, 2026 One Min Read

POLICY WIRE — Washington, D.C. — The U.S. Department of Justice has issued a new legal analysis stating that a federal law restricting firearms dealers from selling handguns or ammunition to individuals aged 18 to 20 is unconstitutional, violating their Second Amendment rights.

The opinion, authored by T. Elliot Gaiser, assistant attorney general for the Office of Legal Counsel, highlights the contradiction in treating 18-year-olds as capable of voting, serving on juries, and even being drafted into military service, yet restricting their access to firearms. Gaiser referenced an example of an 18-year-old who competed in the 2020 Tokyo Olympics, noting that it would have been illegal for a licensed dealer to sell her a handgun before or after her competition.

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Although the Office of Legal Counsel’s ruling does not carry legal weight or set a precedent, it is expected to influence how federal prosecutors handle cases involving dealers accused of selling handguns to those under 21. Meanwhile, gun control advocates criticized the decision, calling it another attempt by the Trump administration to align with gun lobby interests, despite concerns about youth-related gun violence.

Reporting by Policy-Wire (PW)

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