The Biden-era federal ban on handgun sales to adults under 21 may have been struck down in Reese v. ATF — and the Department of Justice’s quiet refusal to appeal that ruling signals a major win for Second Amendment advocates — but the fight is far from over for young Texans.

While the DOJ let the deadline for appeal pass, making the decision binding in Texas, Louisiana, and Mississippi, that ruling has not been codified into federal or Texas law.

That creates dangerous legal limbo for 18 to 20-year-olds and the FFLs who might serve them.

ATF Still Enforcing Outdated Law

The ATF has yet to update its official policy or website guidance, which still states that federally licensed firearm dealers cannot legally sell handguns to anyone under the age of 21.

Despite the court’s clear ruling that such age-based discrimination violates the Second Amendment, the federal government appears poised to continue enforcing the old statute — at least administratively — until broader changes are made.

That puts FFLs in an impossible position: obey the outdated ATF guidance and violate constitutional rights, or follow the court ruling and risk losing their license for defying the ATF.

Legal Trap for Young Texans

Even with the Reese decision on the books, law-abiding 18 to 20-year-olds trying to exercise their rights could still face arrest or harassment by law enforcement unfamiliar with the ruling. And even if charges are ultimately thrown out, the legal fees and trauma associated with prosecution are steep.

In short, constitutional rights upheld by the courts still come with a price tag if they’re not codified into law.

This is not the first time young Texans have faced similar legal contradictions, either.

In late 2022, U.S. District Judge Mark Pittman ruled that 18–20-year-olds should not be denied the right to carry a firearm — licensed or unlicensed.

Following that ruling, the Texas Department of Public Safety issued guidance directing the state to issue carry licenses to qualified 18 to 20-year-olds.

But once again, the ruling has not been formally codified. And it left a murky “gray area” for enforcement on Texas’ “Constitutional Carry” law.

During the 89th Texas Legislative Session, Texas Gun Rights strongly supported HB 2470 by State Rep. Wes Virdell, which would have updated the law to reflect that 18 to 20-year-olds can lawfully carry under Texas’s constitutional carry statute.

Despite broad legal precedent and grassroots backing, the bill stalled in committee — leaving young adults in the same uncertain gray area they’ve faced for years.

Texas Gun Rights Urges Caution

“Even with victories like Reese, the current system puts law-abiding citizens — and gun dealers — in a legal minefield,” said Chris McNutt, President of Texas Gun Rights. “We’re urging caution until we have federal and state law clearly codifying what courts have already recognized.”

Until Congress acts or the Texas Legislature updates its statutes, gun rights for 18 to 20-year-olds remain constitutionally affirmed, but inconsistently enforced.

Texas Gun Rights will continue leading the fight to ensure that these rights are not just court-recognized — but enshrined in law for good.