DOJ opinion finds 18-year-olds can buy handguns

The Department of Justice's Office of Legal Counsel (OLC) on Friday released an opinion declaring that a portion of the U.S. code preventing persons aged 18-20 from buying handguns is unconstitutional.

"The provision prevents young adults, who are members of 'the people' to whom the Second Amendment applies, from owning 'arms' in common use for self-defense," the OLC opinion read. "This places the burden on the government to show that the restrictions are consistent with the Nation’s tradition of firearm regulation, which it cannot do."

18 U.S.C. § 922(b)(1) and (c)(1) bar persons under 21 from purchasing firearms other than a shotgun or rifle and require attestations of being at least 21 to buy a gun without being present in the store.

The immediate legal implications are unclear, and the DOJ hedged its opinion, saying "we conclude only that section 922(b)(1) and (c)(1) may not be enforced to impose criminal penalties on dealers who sell handguns[.]"

Ben Whedon is the Chief Political Correspondent for Just the News. Follow him on X.