The US Justice Department has said a federal law preventing licensed firearms dealers from selling handguns to adults below the age of 21 is unconstitutional and should not be enforced.
The position was outlined in a legal opinion issued on Friday by the department’s Office of Legal Counsel, which concluded that the restriction violates the Second Amendment of the US Constitution.
The opinion signals that the Trump administration does not intend to defend the federal restriction or pursue criminal cases against licensed dealers who sell handguns to law-abiding adults aged 18 to 20.
Assistant Attorney General Elliot Gaiser, who heads the Office of Legal Counsel, said the age restriction conflicts with the constitutional rights of young adults who are otherwise recognised as full members of the US political community.
“Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, including capital punishment,” Gaiser said in a statement. “The Constitution protects the people’s right to keep and bear arms. The Department of Justice may not constitutionally seek to impose criminal penalties on dealers who sell handguns to law-abiding adults who, in nearly every other relevant respect, are members of the political community.”
Under existing federal law, licensed firearms dealers are prohibited from selling handguns to anyone under 21. However, adults aged 18 to 20 can legally purchase handguns from private sellers.
The rules differ for long guns, including rifles and shotguns, which licensed dealers can sell to buyers from the age of 18.
The constitutionality of the handgun age restriction has become increasingly contested in federal courts. Several appeals courts have reached different conclusions over whether the federal government can impose the restriction on adults aged 18 to 20.
The US Supreme Court has not yet directly ruled on the federal handgun age limit following its 2022 decision that significantly changed the legal framework courts use when considering challenges to firearm restrictions.
The Justice Department’s latest opinion therefore adds to an ongoing legal dispute over the extent to which the government can regulate access to firearms among young adults.
The opinion is also the latest move by the Trump administration to roll back some federal firearms regulations and support broader access to gun rights.
The administration has also established a new process through which some people who have previously been prohibited from possessing firearms because of criminal convictions can seek to have their gun rights restored.
