DOJ Announces It Won’t Enforce Federal Ban on Handgun Sales to Adults Under 21
Last month, the Department of Justice announced that it would no longer enforce a federal prohibition which bans licensed firearms dealers from selling handguns to adults under the age of 21 who are legally allowed to possess them after concluding that the law was unconstitutional under the rights guaranteed by the Second Amendment. The change comes after the DOJ’s Office of Legal Counsel released an opinion based on the Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen, which we have previously covered extensively, along with subsequent decisions have strengthened gun ownership rights, making it clear to their office that this restriction would likely be unconstitutional. Rather than wait for the Supreme Court to weigh in on any future challenges, it has decided to take this preliminary step to stop enforcement. The DOJ has followed through with this change in policy in one case out of Fifth Circuit where the DOJ moved to drop an appeal against a challenge to the law stating it, “will not enforce the challenged provisions against anyone, anywhere” so the challenge was now moot. Expect the DOJ to act in similar fashion should other challenges arise, at least during this administration, because any subsequent administration could theoretically reach a different conclusion since the law is still on the books. That being said, given under the framework of Bruen, it would be an uphill battle should they reverse course.
What Does The Change in Enforcement Mean for Illinois Residents?
While the federal enforcement of this particular gun regulation may not be in operation at this time, that does not mean Illinois residents of the same age are necessarily in the clear to purchase a handgun. Illinois generally requires anyone who acquires or possesses a firearm or ammunition to, at a minimum, hold a valid Firearm Owner’s Identification (“FOID”) card. An individual under 21 can obtain a FOID card, but only with the written consent of a parent or legal guardian, and that parent or guardian must not be prohibited from obtaining a FOID card themselves. Furthermore, even if someone under 21-years-old receives their FOID card from a sponsoring parent or guardian, a Concealed Carry License (“CCL”) is required for anyone to possess a handgun outside of the home or other permitted locations like gun ranges. In effect, while the federal government may no longer be enforcing a ban on the sale of a handgun to a minor, to possess one in public in the state of Illinois will continue to be illegal under the current law and anyone violating that prohibition could still face charges in state criminal court.
