# DOJ Won't Enforce Handgun Ban for 18- to 20-Year-Olds

- URL: https://twotakes.us/stories/doj-wont-enforce-handgun-ban-for-18-to-20-year-olds
- Published: 2026-09-20T07:08:36.501533+00:00
- Topics: second-amendment, gun-rights, doj, gun-control, trump-administration

## What the left says
- The DOJ opinion represents an executive branch decision not to enforce a law Congress passed and never repealed, raising separation-of-powers concerns about prosecutors overriding legislative intent.
- Gun-safety advocates argue the 1968 age restriction has protected public safety for decades and that this change prioritizes the gun industry's agenda over documented risks of gun violence among young adults.
- The Supreme Court has never ruled on this law's constitutionality, and federal appellate circuits remain split, meaning the OLC opinion sidesteps rather than resolves a genuine legal question.
- This move fits a broader pattern of the Trump administration rolling back firearm regulations through executive and agency action rather than through Congress or the courts.

## What the right says
- Eighteen-to-twenty-year-olds can vote, serve on juries, be drafted, and face the death penalty, making it inconsistent to deny them the same Second Amendment rights afforded to other adults.
- The Justice Department's Office of Legal Counsel concluded the ban cannot survive the Supreme Court's Bruen test, which requires gun restrictions to align with the nation's historical tradition of firearm regulation.
- Multiple federal courts, including the Fifth Circuit, have already found no historical basis for denying handguns to legal adults based solely on age.
- Treating 18- to 20-year-olds as full members of the political community in every other legal respect while denying them handgun rights has long been viewed by gun-rights advocates as an illogical carve-out.

## Common ground
- The federal law dates to the 1968 Omnibus Crime Control and Safe Streets Act and remains on the books despite the DOJ's new enforcement stance.
- The OLC opinion is not a binding court ruling and does not erase or repeal the underlying statute.
- Federal appellate courts are currently split on whether age-based handgun restrictions are constitutional, with three circuits striking such bans down and three upholding them.
- The decision leaves open questions about whether administrative enforcement by agencies like the ATF will continue and how state-level age restrictions will be affected.

## Sources
- [Breitbart](https://www.breitbart.com/2nd-amendment/2026/09/18/doj-ban-on-handgun-sales-to-18-through-20-year-olds-unconstitutional-cannot-be-enforced/) (Right)
- [Axios](https://www.axios.com/2026/09/18/trump-doj-handgun-sales-ban-under-21) (Lean Left)
- [Just The News](https://justthenews.com/government/courts-law/doj-opinion-finds-18-year-olds-can-buy-handguns?utm_source=justthenews.com&utm_medium=feed&utm_campaign=external-news-aggregators) (Right)
- [PJ Media](https://pjmedia.com/ryanledendecker/2026/09/18/gun-rights-at-18-trumps-doj-just-made-a-major-second-amendment-call-n4957392) (Unknown)
- [RedState](https://redstate.com/wardclark/2026/09/18/doj-federal-handgun-ban-for-18-20-year-olds-unconstitutional-n2207091) (Unknown)
- [The Federalist](https://thefederalist.com/2026/09/18/doj-federal-ban-on-sale-of-handguns-to-18-year-olds-is-unconstitutional/?utm_source=rss&utm_medium=rss&utm_campaign=doj-federal-ban-on-sale-of-handguns-to-18-year-olds-is-unconstitutional) (Right)
- [Washington Times](https://www.washingtontimes.com/news/2026/sep/18/doj-says-18-20-year-olds-cant-barred-buying-handguns/) (Right)
- [Newsmax](https://www.newsmax.com/politics/doj-second-amendment-gun-rights/2026/09/18/id/1269954) (Right)
- [CBS News](https://www.cbsnews.com/news/doj-ban-handguns-under-21-unconstitutional/) (Lean Left)
- [RedState](https://redstate.com/beccalower/2026/09/18/blockbuster-win-as-fifth-circuit-strikes-down-federal-ban-on-interstate-handgun-sales-n2207109) (Unknown)
- [Townhall](https://townhall.com/news/scott-mcclallen/2026/09/18/fifth-circuit-strikes-down-federal-ban-on-interstate-handgun-purchases-as-violating-second-amendment-n2683238) (Right)

---
Content by TwoTakes (https://twotakes.us). You may quote, summarize and cite it, including in AI answers, as long as you credit TwoTakes and link the story URL. Original reporting belongs to the linked outlets. Summaries are AI-assisted and reviewed for balance; check the original sources for authoritative reporting.