The U.S. Department of Justice has quietly declined to appeal a recent federal court ruling that struck down the federal prohibition on handgun sales to adults under the age of 21.
The decision marks a markedly common retreat by the DOJ in the new Trump administration, and effectively ends enforcement of the 1968 Gun Control Act’s age-based handgun purchase ban — at least within the jurisdiction of the Fifth Circuit Court of Appeals, which includes Texas, Louisiana, and Mississippi.
The DOJ’s inaction cements the Fifth Circuit’s January ruling in Reese v. ATF, where a three-judge panel found that the federal ban on handgun sales to 18–20-year-olds was unconstitutional.
The court concluded that such a restriction failed to align with the nation’s historical tradition of firearm regulation — a requirement established by the Supreme Court in Bruen (2022).
Young Adults Regain Rights — At Least in the Fifth Circuit
As a result, law-abiding 18, 19, and 20-year-olds in Texas, Louisiana, and Mississippi can now legally purchase handguns from federally licensed dealers (FFLs) — a right denied to them for decades.
But this ruling introduces significant legal uncertainty across state lines. While young adults in the Fifth Circuit may now buy handguns, their peers in other federal circuits remain bound by the federal ban — until the Supreme Court resolves the issue.
That patchwork of rules makes it easy for both gun owners and gun dealers to run afoul of unclear federal guidance.
The situation echoes earlier legal chaos around handgun carry rights for 18 to 20-year-olds.
In recent years, several courts — including those in the Fifth Circuit — have ruled that constitutional carry laws must apply equally to legal adults in this age group.
Yet, in the absence of legislative clarity, those rulings are often unevenly enforced, leaving citizens to risk arrest or engage in costly litigation just to assert rights already upheld in court.
Texas Tried to Codify These Rights — But Failed to Act
During the 89th Texas Legislative Session, Texas Gun Rights, the state’s largest no-compromise gun rights organization, strongly backed HB 2470 by State Rep. Wes Virdell.
That bill would have codified the right of 18 to 20-year-olds to carry a handgun, with or without a license, so long as they were not otherwise prohibited under state or federal law.
Despite broad constitutional support and a favorable legal landscape, HB 2470 stalled in committee — a failure that continues to force young Texans to rely on court rulings alone for their right to bear arms.
“This is exactly why we need the legislature to act,” said Chris McNutt, President of Texas Gun Rights. “Young adults shouldn’t have to gamble with arrest or legal bills to exercise rights already recognized by the courts. Our laws should reflect the Constitution, not bureaucratic inertia.”
A Legislative Safety Net is Still Needed
While court victories like Reese v. ATF are essential, they are not a substitute for clear, codified law.
Without legislative action, courts remain the only backstop — and that means only those with the time, money, and legal counsel can assert their rights with confidence.
“Pro-gun Texans didn’t elect Republicans to punt gun rights issues to the courts. They elected them to fight in the Washington and in Austin” McNutt said.
The DOJ’s refusal to appeal is tacit recognition that the federal age-based handgun ban can’t survive constitutional scrutiny.
Yet until Congress or state legislatures act, the legal landscape will remain fragmented, with different rights depending on a person’s ZIP code or the circuit court that governs it.
