The United States Department of Justice announced that the federal law prohibiting sales to adults under 21 has been illegally enacted and cannot be enforced. This legal opinion, published on Friday, was issued by the Office of Legal Counsel of the Department of Justice.
Violation of the Second Amendment
This legal opinion states that the aforementioned law, which aims to make it more difficult for individuals aged 18 to 20 to access firearms, violates the Second Amendment of the Constitution. This opinion particularly refers to recent statements regarding legal changes following the U.S. Supreme Court's decision that has transformed the landscape of gun rights.
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Elliot Gaiser, Deputy Attorney General and head of the Office of Legal Counsel, stated: "Eighteen-year-olds can vote, serve on juries, enlist in the military, and face adult criminal penalties. The Constitution protects the people's right to keep and bear arms. The Department of Justice cannot legally attempt to impose criminal penalties on sellers who sell to law-abiding adults."
Legal Controversies Surrounding the Law
Under federal law, individuals must be 21 years old to purchase firearms from licensed dealers, although individuals aged 18 to 20 can purchase firearms from private sellers. Federal appellate courts have differing opinions on the legality of age restrictions for firearm purchases, and the U.S. Supreme Court has yet to address this federal law following its historic 2022 decision.
This new opinion is seen as another victory for gun rights advocacy groups during Donald Trump's presidency, which rolled back some gun regulations and created new pathways for individuals barred from gun ownership due to felony convictions.
Gun control advocacy groups described this opinion from the Department of Justice as misguided and dangerous. Eric Tirschwell, Executive Director of Everytown Law, stated: "Federal prosecutors across the country can no longer hold illegal sellers accountable for selling firearms to 18 to 20-year-olds if they know the Department of Justice has pulled the rug out from under them. Abandoning protective measures that target the highest-risk age group for gun violence is not only an unacceptable surrender of public safety but also a dangerous dereliction of duty."
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Source: abcnews.com
