DOJ: federal ban on handgun sales to 18-20s is unconstitutional

The Department of Justice says a federal law barring licensed dealers from selling handguns to 18-to-20-year-olds is unconstitutional, and it won't be enforced against that group going forward. That's according to a video from Jared Yanis, who reports the DOJ's Office of Legal Counsel issued the opinion on September 17th, a finding with implications for millions of young adults and for pending Second Amendment litigation nationwide.

The short version

Yanis explains that the opinion targets 18 U.S.C. 922(b)(1) and 922(c)(1), the Gun Control Act provisions that stop FFLs from selling handguns directly to adults under 21, even though those same adults can legally buy rifles and shotguns. Applying the Supreme Court's Heller, Bruen, and McDonald framework, the DOJ concluded that 18-to-20-year-olds are part of "the people," that handguns are protected arms, and that blocking their purchase burdens a right the Second Amendment guarantees.

Yanis says the opinion leans heavily on founding-era history, noting that colonial and early state militia laws almost universally required men 18 and older to arm themselves. The DOJ argues the government cannot show a historical tradition supporting a blanket ban on handgun sales to this age group, so the restriction fails Bruen's test.

Key points

• The ruling: DOJ's Office of Legal Counsel says the federal handgun purchase age restriction for 18-to-20-year-olds violates the Second Amendment and can't be enforced against that class.
• Historical evidence cited: Yanis reports the opinion points to 249 of 250-plus founding-era militia statutes requiring 18-to-20-year-olds to be armed for militia duty.
• The 26th Amendment angle: DOJ ties voting rights at 18 to the broader argument that adults of that age are full members of the political community.
• Not a court ruling: Yanis stresses this is internal executive-branch legal guidance, not a Supreme Court decision, and Congress hasn't repealed the underlying statutes.
• State laws untouched: Yanis notes the opinion explicitly does not override similar age restrictions in states like California, New York, and New Jersey.
• What's next: Yanis says to watch for ATF implementation guidance and how groups like the Second Amendment Foundation and Firearms Policy Coalition use the opinion in ongoing lawsuits.

Bottom line

This matters most right now to 18-to-20-year-old gun owners and dealers navigating federal purchase rules, though Yanis is careful to note it's a policy opinion, not binding law, and state restrictions remain untouched. Anyone in a state with its own age limits still needs to watch state-level action, while federal enforcement against dealers selling to this age group appears to be ending.

Source: Jared Yanis