Trump DOJ declares federal handgun ban on under-21s unconstitutional

The Trump administration’s Department of Justice issued an advisory opinion on Thursday that declares federal laws prohibiting firearms dealers from selling handguns to young adults unconstitutional, citing Supreme Court precedent that entitles them to own handguns. The opinion, released on the DOJ’s website, argues that the 1968 Gun Control Act’s ban on handgun sales to anyone under 21 violates the Second Amendment as interpreted in District of Columbia v. Heller and McDonald v. Chicago. It states that the Act’s age restriction is a “regulatory measure” that the Court has not found to be protected by the Constitution, and that the DOJ’s role is to interpret the law, not to create new statutes.

The ruling comes at a time when federal agencies are under pressure to enforce gun laws more strictly, while states increasingly push back against federal restrictions. The 1968 Act remains the cornerstone of federal gun regulation, but the DOJ’s advisory opinion could weaken its enforcement. The opinion follows a long history of DOJ guidance on gun policy, including the 2019 memo that clarified the agency’s stance on the “red flag” law, and the 2020 memo that reaffirmed the Department’s commitment to the Second Amendment. By declaring the age restriction unconstitutional, the DOJ is effectively telling federal prosecutors that they may not pursue cases against dealers who sell handguns to 18‑ and 19‑year‑olds. The opinion also suggests that the DOJ will not defend the 1968 Act in court, which could open the door for lawsuits challenging the Act’s constitutionality.

Gun‑rights groups such as the National Rifle Association welcomed the opinion, saying it restores the “full right” to own a handgun for young adults. They argued that the age limit is a “paternalistic” policy that unfairly restricts responsible gun owners. Meanwhile, gun‑control advocates have warned that the decision could lead to more firearms in the hands of teenagers and young adults, potentially increasing the risk of gun violence. Lawmakers in states that already allow 18‑year‑olds to buy handguns, such as Arizona and Colorado, said the opinion supports their state laws, while senators from states that keep the federal age limit in place have called for a congressional review of the 1968 Act. The opinion also cites data that about 20 million handguns are sold each year, many of which are purchased by people in the 18‑20 age bracket.

If the DOJ follows through on its advisory, federal prosecutors may stop pursuing cases against dealers who sell to young adults. The next step will likely involve the DOJ issuing formal guidance to the Bureau of Alcohol, Tobacco, Firearms and Explosives, which could change how the agency enforces the Gun Control Act. States that have already legalized handgun purchases for 18‑year‑olds may see their laws reinforced, while those that rely on the federal ban may face legal