The U.S. Department of Justice has issued a significant legal opinion concluding that the federal prohibition on licensed dealers selling handguns to law-abiding adults ages 18 to 20 is unconstitutional and cannot be criminally enforced. This development, announced on September 18, 2026, aligns with recent Second Amendment jurisprudence and carries important implications for Federal Firearms License (FFL) holders.
Key Details of the DOJ Opinion
The Office of Legal Counsel (OLC) opinion, signed by Assistant Attorney General T. Elliot Gaiser, addresses 18 U.S.C. § 922(b)(1) and (c)(1). These statutes generally bar FFL dealers from selling handguns or handgun ammunition to individuals under 21. The OLC determined that these provisions are inconsistent with the Second Amendment as interpreted in District of Columbia v. Heller, New York State Rifle & Pistol Ass’n v. Bruen, and subsequent cases like Wolford v. Lopez.
Central to the ruling is the finding that 18- to 20-year-olds are part of “the people” protected by the Second Amendment. The opinion notes that these young adults are treated as full members of the political community in nearly every other respect, including the rights to vote, serve on juries, be drafted, and face adult criminal penalties.
Historical and Legal Context
The OLC reviewed Founding-era history and found no tradition of prohibiting young adults from purchasing firearms. Instead, historical militia laws, including the federal Militia Act of 1792, routinely required males starting at age 18 to enroll and provide their own arms. The government could not meet its burden to show the restrictions are consistent with the Nation’s tradition of firearm regulation.
This opinion does not erase the statutes from the books or bind federal courts, but it instructs federal prosecutors that they may not constitutionally seek criminal penalties against dealers for such sales to otherwise law-abiding adults in this age group.
Implications for FFL Dealers
For compliance-focused platforms like Firearm Cart and the FFL dealers we serve, this represents a notable shift in federal enforcement posture. While the opinion is controlling for the executive branch, dealers should continue to monitor state laws, which may impose additional restrictions, and consult legal counsel regarding any sales decisions. The ruling narrowly addresses criminal enforcement of the federal handgun sales ban and does not affect other prohibitions, such as those for juveniles under 18 or prohibited persons.
Stay informed on evolving regulations to ensure ongoing compliance. Read the full DOJ press release here.
