The department says it will not criminally enforce the restriction against licensed dealers, although the statute remains on the books and courts are divided.
The Justice Department has concluded that the federal prohibition on licensed firearms dealers selling handguns to adults ages 18 through 20 violates the Second Amendment.
In an opinion released Friday, the department’s Office of Legal Counsel said federal prosecutors may not criminally enforce the restriction against dealers who sell handguns to otherwise eligible adults in that age group.
Federal law currently permits licensed dealers to sell rifles and shotguns to eligible buyers beginning at age 18 but sets 21 as the minimum age for dealer handgun sales. The opinion does not change other federal restrictions on firearm possession, and state laws may impose additional requirements. Rules governing private transfers also vary by state.
Office of Legal Counsel head T. Elliot Gaiser said the restriction is inconsistent with the nation’s historical tradition of firearm regulation. Gun-rights organizations welcomed the decision. Everytown for Gun Safety disputed the department’s legal conclusion and said the opinion does not carry the force of a court ruling.
The opinion does not repeal the statute or bind federal judges. Appeals courts have divided over the restriction, and the Supreme Court has not resolved the issue nationwide.
