The US Justice Department said on Friday that a federal law prohibiting licensed gun dealers from selling handguns to 18- to 20-year-olds violates the Second Amendment and cannot be used to prosecute dealers who sell to otherwise law-abiding adults.
The opinion, issued by the Justice Department's Office of Legal Counsel, said the restrictions contained in Sections 922(b)(1) and 922(c)(1) run counter to the Second Amendment as interpreted by the US Supreme Court.
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The opinion examined the restrictions in light of landmark Supreme Court rulings, including District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, as well as subsequent decisions, including Wolford v. Lopez.
According to the OLC, adults aged 18 to 20 fall within the category of “the people” whose right to keep and bear arms is protected by the Second Amendment.
The office said the restrictions prevent this group from purchasing commonly used firearms and therefore fall within the amendment's scope.
Assistant Attorney General T. Elliot Gaiser, who heads the OLC, said the Constitution protects the right of eligible Americans to keep and bear arms and that the Justice Department could not constitutionally pursue criminal penalties against dealers selling handguns to law-abiding adults in this age group.
The OLC also said it found no sufficient historical tradition from the founding era of prohibiting legally recognised adults from purchasing firearms as a public-safety measure.
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Instead, it pointed to militia laws at the time that commonly required military service from people beginning at age 18 and required them to provide their own firearms.
The opinion concludes that the two federal provisions may not be enforced to impose criminal penalties on licensed dealers who sell handguns to otherwise law-abiding 18- to 20-year-olds.
The decision could have implications for the enforcement of federal firearms regulations and comes amid continuing legal disputes in the US over the scope of Second Amendment rights.
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