Justice Department Declares 21-Year-Old Handgun Purchase Ban Unconstitutional

U.S. Justice Department calls federal handgun age limit unconstitutional, sparking debate over gun rights and public safety.

Editorial Desk

September 19, 2026 One Min Read

POLICY WIRE — Washington, United States — The U.S. Justice Department has declared a federal law that prohibits licensed firearm dealers from selling handguns to individuals under the age of 21 as unconstitutional, according to a legal opinion released on Friday.

The Office of Legal Counsel within the department stated that the law, which aims to prevent 18- to 20-year-olds from obtaining handguns, violates the Second Amendment. This decision signals the Trump administration’s stance against enforcing the law, which has been contested in courts following a significant Supreme Court ruling that reshaped firearm regulations.

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Assistant Attorney General Elliot Gaiser emphasized that 18-year-olds can vote, serve on juries, be drafted into military service, and face adult criminal penalties, including the death penalty. He argued that the Constitution protects the right to bear arms, and the Justice Department cannot legally penalize dealers who sell handguns to law-abiding adults. While 21 is the minimum age for purchasing a handgun from a licensed dealer, 18-year-olds can still acquire them from private sellers. Gun control advocates criticized the opinion, calling it a dangerous move that undermines public safety efforts.

Reporting by Policy-Wire (PW)

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