The department stated that anyone over 18 is considered part of “the people” protected by the Second Amendment.
The U.S. Department of Justice’s Office of Legal Counsel released a legal opinion stating that licensed dealers may sell handguns to 18- to 20-year-olds under the Second Amendment. The office cited two statutes which prohibit dealers from selling handguns or ammunition to anyone under the age of 21 that the concluded are inconsistent with the Second Amendment, which
The Office of Legal Counsel stated that 18- to 20-year-olds are considered part of “the people” protected by the Second Amendment, and the department cannot impose criminal penalties on dealers who sell to law-abiding adults 18 years of age and older.
“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.”
As the Lord Leads, Pray with Us…
- For Assistant Attorney General Gaiser as he serves in the DOJ’s Office of Legal Counsel.
- For officials in the Department of Justice as they work to uphold the Constitution and federal laws.
Sources: Department of Justice





