A coalition of 174 members of Congress is demanding that the Department of Justice continue enforcing a federal restriction on handgun sales to law-abiding adults ages 18 to 20, despite a new DOJ legal opinion finding the restriction unconstitutional.
The October 8 letter, led by Representatives Mike Thompson of California, Jamie Raskin of Maryland, and Lucy McBath of Georgia, challenges the Trump administration’s decision to stop criminally enforcing the decades-old federal handgun sales restriction.
The dispute centers on a straightforward question: Should an 18-year-old American who can legally own a handgun also be allowed to purchase one from a federally licensed firearms dealer?
Texas Gun Rights (TXGR) believes the answer is yes.
Under TXGR’s position, law-abiding adults should not lose access to their Second Amendment rights simply because they have not yet turned 21.
Congress Pushes Back Against DOJ’s Second Amendment Finding
On September 17, 2026, the Department of Justice’s Office of Legal Counsel issued a formal legal opinion concluding that federal restrictions on handgun sales to adults ages 18 to 20 violate the Second Amendment.
The opinion addresses provisions of the Gun Control Act of 1968 that generally prohibit federally licensed firearms dealers from selling handguns to individuals younger than 21.
The DOJ concluded that otherwise law-abiding adults ages 18 to 20 are part of “the people” protected by the Second Amendment and that the government had failed to establish a sufficient historical tradition supporting the restriction.
In its September 18 announcement, the Justice Department stated that the restriction could not constitutionally be enforced through criminal penalties against licensed dealers selling handguns to otherwise eligible young adults.
But congressional opponents quickly challenged that conclusion.
In an October 8 letter announced by Representative Thompson’s office, 174 lawmakers urged the DOJ to reverse course and continue enforcing the federal restriction.
Thompson argued that the administration’s decision would make communities and schools less safe.
Raskin and McBath also criticized the DOJ’s interpretation, arguing that Congress established the restriction to address public-safety concerns involving younger adults.
The lawmakers’ position is that the executive branch should not disregard a federal statute that Congress has not repealed and that the Supreme Court has not invalidated nationwide.
That argument raises a legitimate question about the executive branch’s authority to determine which statutes it can constitutionally enforce.
But the Justice Department’s position raises an equally important constitutional issue: whether Congress can prohibit an entire class of otherwise law-abiding adults from purchasing commonly owned firearms from licensed dealers.
Old Enough to Own a Handgun, but Not Old Enough to Buy One?
The existing federal framework draws a distinction between rifles, shotguns, and handguns.
Under 18 U.S.C. § 922(b)(1), federally licensed dealers generally may sell rifles and shotguns to eligible adults beginning at age 18.
Handgun sales by those same dealers, however, have historically been restricted to individuals 21 and older.
That distinction does not mean federal law generally prohibits 18-, 19-, and 20-year-olds from possessing handguns.
Federal law ordinarily permits adults in that age group to possess handguns, provided they are not otherwise prohibited from possessing firearms. In states where the transaction is lawful, they may also acquire handguns through qualifying private transfers.
In Texas, an otherwise eligible 18-year-old may legally possess a handgun and may purchase one through a lawful private transaction.
The result is a peculiar legal distinction.
An 18-year-old can legally purchase a rifle from a licensed dealer.
That same adult can legally possess a handgun.
Yet the federal dealer-sales restriction has prevented that person from purchasing the handgun directly from a licensed gun store.
Texas Gun Rights argues that this distinction is inconsistent with the Second Amendment.
An adult’s constitutional rights should not depend on whether the firearm is a rifle or handgun, or whether the lawful transaction occurs through a private seller rather than a licensed dealer.
The DOJ’s September opinion adopts a related constitutional argument.
It concludes that adults ages 18 to 20 are members of the political community protected by the Second Amendment and that handguns are commonly used for lawful self-defense.
The opinion also points to historical militia requirements under which young adults were expected to furnish arms for service.
For TXGR, the central issue is whether a federal age restriction can deny otherwise eligible adults access to a firearm they may already lawfully own.
The Second Amendment Does Not Begin at 21
Supporters of the federal restriction argue that limiting dealer handgun sales to adults 21 and older is a public-safety measure intended to reduce firearm violence.
Opponents dispute whether that justification is constitutionally sufficient.
The Supreme Court’s decisions in District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen recognize individual Second Amendment protections and require firearm regulations covered by the Amendment’s text to be evaluated against the nation’s historical tradition of firearms regulation.
The Justice Department relied on those principles in concluding that the federal handgun sales restriction is unconstitutional as applied to otherwise law-abiding adults ages 18 to 20.
That opinion does not itself repeal the statute or constitute a nationwide Supreme Court ruling. The underlying law remains on the books, and the issue continues to involve questions of judicial interpretation and federal enforcement authority.
Nevertheless, the DOJ’s position represents a significant change in federal firearms enforcement policy.
Texas Gun Rights supports recognizing the Second Amendment rights of law-abiding adults beginning at age 18, including their ability to lawfully purchase handguns.
“Texas Gun Rights believes that constitutional rights do not begin at 21. If an 18-year-old can legally own a handgun, there is no justification for denying that same law-abiding adult the ability to purchase one from a licensed firearms dealer,” says TXGR President Chris McNutt.
“The Second Amendment protects adults, not just adults who have reached an arbitrary age set by Congress.”
The disagreement now extends beyond the original restriction to the Justice Department’s constitutional responsibilities and the authority of Congress to regulate firearm sales.
For Texas gun owners, the central legal question remains whether the federal government can maintain different age requirements for purchasing rifles and handguns when both are protected by the Second Amendment.
Texas Gun Rights maintains that every law-abiding adult should be able to purchase a firearm, including a handgun, subject to otherwise applicable laws governing lawful possession.
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