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DOJ steps back from handgun age ban enforcement, but the law holds

9/19/2026

The 1968 federal law barring licensed gun dealers from selling handguns to adults under 21 is still on the books. The Justice Department says it will no longer prosecute anyone under it.

That gap between statute and enforcement is the central tension in a Thursday Office of Legal Counsel opinion signed by Assistant Attorney General T.

Elliot Gaiser, which concluded the restriction violates the Second Amendment even though the Supreme Court has never ruled on that question.

The case for the administration's position draws from the Supreme Court's 2022 Bruen decision, which requires any gun regulation to be consistent with the country's historical tradition of firearm regulation.

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