The Justice Department has concluded that the federal law prohibiting licensed firearms dealers from selling handguns to adults between 18 and 20 years old violates the Constitution and cannot be enforced.
This position represents a dramatic reversal in the Biden administration's legal stance on gun regulations. The department filed its position in an ongoing federal court case challenging the 1968 Gun Control Act provision that restricts handgun sales to individuals under 21. The ruling applies only to handguns; the ban on long gun sales to those under 18 remains intact under current law.
The Justice Department's conclusion stems directly from the Supreme Court's June 2022 decision in New York State Rifle and Pistol Association v. Bruen. That landmark ruling struck down New York's concealed-carry licensing law and established a new constitutional framework for evaluating gun regulations. The Bruen decision required courts to assess whether firearm restrictions align with the nation's historical tradition of gun regulation rather than applying the previous two-step balancing test that courts had used for decades.
Under the Bruen framework, the Justice Department determined that the 21-year-old handgun sales ban lacks sufficient historical grounding. The department found no comparable historical regulations preventing young adults from purchasing handguns during the founding era or the 19th century. Lawyers at the DOJ argued that the 1968 restriction cannot survive constitutional scrutiny because it does not reflect historical traditions governing gun ownership.
This legal position creates complications for the Biden administration, which has prioritized gun safety measures as part of its domestic agenda. President Biden has repeatedly called for raising the minimum age for firearm purchases and implemented other executive actions targeting gun violence. The Justice Department's filing undercuts those policy preferences by conceding that one specific ban violates constitutional protections under current Supreme Court doctrine.
The case centers on whether federal courts must follow the Bruen test when evaluating gun laws. Several federal courts have already struck down other firearm regulations using the historical test, including magazine capacity limits and certain assault weapon bans. The Justice Department's handgun filing signals that many existing federal gun restrictions face serious legal jeopardy under the new constitutional standard.
Gun rights advocates celebrated the Justice Department's position as a vindication of Second Amendment protections. Organizations like the Second Amendment Foundation, which brought the original challenge, argued that the age-based ban discriminates against young adults while failing historical scrutiny.
Gun control advocates expressed alarm at the filing, viewing it as a betrayal of the administration's public commitment to stronger firearms regulations. They argue that raising the minimum age for handgun purchases makes practical sense for public safety, particularly given that young adults commit violent crimes at higher rates than other age groups.
The Justice Department's admission that the handgun sales ban is unconstitutional likely accelerates resolution of the case. Federal courts will now face pressure to strike down the provision, potentially opening handgun sales to 18-to-20-year-olds nationwide. Congress could attempt to pass new legislation crafted to survive Bruen scrutiny, though such efforts face substantial political obstacles given the Court's restrictive approach to gun regulation.