DOJ Says Banning Handgun Sales to Adults Under the Age of 21 is Unconstitutional

By Connor Hart


The Justice Department has concluded that a federal ban on handgun sales to people under the age of 21 is unconstitutional and can't be criminally enforced.

The department's Office of Legal Counsel on Friday said that adults between the ages of 18 and 20 are among "the people" protected by the Second Amendment.

"The Constitution protects the people's right to keep and bear arms," said T. Elliot Gaiser, assistant attorney general for the Justice Department's Office of Legal Counsel.

"Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, including capital punishment," he said, adding that the Justice Department may not constitutionally seek to impose criminal penalties on dealers who sell handguns to law-abiding adults.

As a result, the Justice Department said restrictions that generally prohibit federally licensed dealers from selling handguns or handgun ammunition to individuals under 21 are presumptively unconstitutional.


Write to Connor Hart at connor.hart@wsj.com


(END) Dow Jones Newswires

September 18, 2026 12:53 ET (16:53 GMT)

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