US Justice Department Says Dealers May Sell Handguns to Law-Abiding Adults Aged 18 to 20

The US Department of Justice has concluded that federal restrictions preventing licensed firearms dealers from selling handguns to adults aged 18 to 20 are unconstitutional and cannot be criminally enforced against dealers who sell to otherwise law-abiding customers.

The conclusion was issued by the department’s Office of Legal Counsel in a memorandum dated September 17 and released on September 18. The opinion addresses Sections 922(b)(1) and 922(c)(1) of federal law, which generally prohibit federally licensed firearms dealers from selling handguns and handgun ammunition to people under 21.

The Office of Legal Counsel said the restrictions conflict with the Second Amendment as interpreted by the Supreme Court in District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, as well as subsequent decisions including Wolford v. Lopez. It concluded that people aged 18 to 20 are among “the people” protected by the Second Amendment and that handguns are arms in common use for self-defence.

Under the opinion, the government would bear the burden of demonstrating that the age-based restrictions are consistent with the nation’s historical tradition of firearm regulation. The Office of Legal Counsel concluded that it could not identify a sufficiently comparable Founding-era tradition of preventing legal adults from purchasing firearms on public-safety grounds.

The opinion also points to the legal status of 18-year-olds in other areas of US law. Assistant Attorney General T. Elliot Gaiser said people at that age may vote, serve on juries, be subject to military service and face adult criminal penalties, including capital punishment.

“The Constitution protects the people’s right to keep and bear arms,” Gaiser said. “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.”

The opinion specifically addresses enforcement against licensed dealers. The Office of Legal Counsel concluded that Sections 922(b)(1) and 922(c)(1) may not be used to impose criminal penalties on dealers who sell handguns to otherwise law-abiding adults aged 18 to 20.

Source: FSX Business News