DOJ Office of Legal Counsel Bars Criminal Penalties for Handgun Sales to Adults 18 to 20
A September 17, 2026 Office of Legal Counsel opinion concluded that 18 U.S.C. §§ 922(b)(1) and (c)(1) cannot constitutionally be used to impose criminal penalties on licensed dealers who sell handguns to law-abiding adults aged 18 through 20, applying the Supreme Court's historical-tradition framework from Heller and Bruen. The statutory text remains in the U.S. Code and ATF's public compliance materials had not been updated as of the opinion's release date, leaving a gap between the executive legal conclusion and existing dealer guidance. The opinion is narrow: it does not address handgun possession by those under 18, long-gun restrictions, state laws, or the enhanced background-check period for buyers under 21.