U.S. Sen. Kirsten Gillibrand and 19 other senators are demanding an explanation from the Justice Department for its decision not to seek criminal penalties against licensed dealers for handgun sales to otherwise law-abiding adults ages 18 to 20.
In a letter signed Oct. 16 and released Oct. 20 to Attorney General Todd Blanche, the lawmakers said the department's position changes decades of enforcement without Congress repealing the age restriction. The federal statutes remain on the books; the senators also asked whether the department would continue civil enforcement and dealer-licensing actions.
Dispute over federal law
The Justice Department's Office of Legal Counsel opinion, issued Sept. 17 and published the following day, concluded that the restriction violates the Second Amendment as applied to otherwise law-abiding adults ages 18 to 20 seeking to buy handguns. The department said it cannot seek criminal penalties against federally licensed dealers for those sales. It argued that the young adults have Second Amendment rights and that historical firearm laws do not support the federal age limit; courts have divided on the question. The opinion is the department's legal interpretation, not a court ruling striking down the statute.
The provisions at issue, 18 U.S.C. § 922(b)(1) and (c)(1), generally bar federally licensed dealers from selling handguns or handgun ammunition to people under 21. The department's opinion concerns criminal prosecution under that federal age rule; it does not address every other firearm restriction or independently change state law.
Gillibrand and her colleagues challenged the department's legal authority to halt criminal enforcement while Congress's text remains unchanged. They also asked whether the department analyzed potential public-safety consequences before changing its position.
The senators requested the legal materials behind the decision, any public-safety analysis and a list of investigations or cases affected by the new enforcement position. They asked for a response by Nov. 16.
Gillibrand, a New York Democrat, said the decision would make communities less safe. The senators cited mass shootings committed by people ages 18 to 20 as part of their public-safety argument, although the opinion concerns handgun sales by licensed dealers, not all firearm sales or possession.
Senate Minority Leader Chuck Schumer of New York also signed the letter, along with 18 other senators.
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