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DOJ Says Federal Handgun Dealer Ban for 18-to-20-Year-Old Adults Cannot Be Criminally Enforced

Last reviewed: 2026-09-23Topic: Federal Gun Laws
Quick answer

On September 18, 2026, DOJ announced an Office of Legal Counsel opinion concluding that 18 U.S.C. § 922(b)(1) and (c)(1) cannot constitutionally be criminally enforced against federally licensed dealers who sell handguns to otherwise law-abiding adults ages 18 through 20. Other federal and state restrictions still matter.

A new DOJ legal position changes the executive branch’s approach to the longstanding federal dealer-age restriction for handgun sales to adults under 21.

Current answer: On September 18, 2026, DOJ announced an Office of Legal Counsel opinion concluding that 18 U.S.C. § 922(b)(1) and (c)(1) cannot constitutionally be criminally enforced against federally licensed dealers who sell handguns to otherwise law-abiding adults ages 18 through 20. Other federal and state restrictions still matter.

What DOJ announced

DOJ said OLC concluded §§ 922(b)(1) and (c)(1) are unconstitutional as applied to otherwise law-abiding adults ages 18 to 20 seeking handguns from federally licensed dealers.

The opinion is about age, not felony status

A qualifying felony or other § 922(g) prohibition remains a separate issue. See the prohibited-person guide.

State law can still matter

The opinion concerns federal statutes and federal criminal enforcement. States can have their own age, licensing, permit or purchase rules, subject to constitutional review.

This is an executive-branch legal position

OLC opinions guide the executive branch, while courts continue to decide constitutional issues in cases before them. Future litigation or legislation can alter the practical landscape.

Related Gun Felony research

Legal-information note: This article is general research, not individualized legal advice. Firearm eligibility and restoration can depend on the exact record, jurisdiction, current DOJ procedures and later changes in law.

Frequently asked questions

Can an 18-year-old buy a handgun from a federal dealer in 2026?

DOJ announced that the federal age provisions cannot be criminally enforced against dealers selling to otherwise law-abiding adults ages 18 to 20; state law and other federal prohibitions still matter.

Did DOJ repeal the statute?

No. DOJ announced an OLC constitutional opinion about criminal enforcement.

Does this help someone with a felony conviction?

Not by itself. The opinion addresses age-based dealer restrictions, not § 922(g)(1).

Can states still have under-21 rules?

State laws remain separate and may be subject to their own constitutional challenges.

Sources and legal references