Today, the Department of Justice’s Office of Legal Counsel released a legal opinion concluding that the federal prohibition may not be enforced against licensed dealers selling handguns to otherwise law-abiding adults ages 18 to 20 consistent with the Second Amendment.
The Office of Legal Counsel’s new opinion explains that federal statutes 18 U.S.C. § 922(b)(1) and (c)(1) are inconsistent with the Second Amendment as interpreted by the Supreme Court in District of Columbia v. Heller, New York State Rifle & Pistol Ass’n v. Bruen, and subsequent decisions including Wolford v. Lopez. These statutes generally prohibit federally licensed dealers from selling handguns or handgun ammunition to individuals under 21.
The Office of Legal Counsel determined that 18 to 20-year-olds are among “the people” protected by the Second Amendment. “Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, including capital punishment,” said Assistant Attorney General T. Elliot Gaiser for the Department of Justice’s Office of Legal Counsel. “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.”
Because the restrictions burden the ability of members of “the people” to acquire commonly used arms, they fall within the Amendment’s plain text and are presumptively unconstitutional. The Office of Legal Counsel found Founding era history or tradition of precluding legal adults from purchasing firearms to protect public safety. To the contrary, at the Founding, militia statutes overwhelmingly required service beginning at 18 and required enrollees to furnish their own arms.
The Office of Legal Counsel concludes that Section 922(b)(1) and (c)(1) may not be enforced to impose criminal penalties on dealers who sell handguns to a class of law-abiding adults who, in nearly every other relevant respect, are members of the political community.
Read the full opinion here .