Unheralded DOJ Memo Leads Feds To Drop Appeal Of Handgun Ban For Adults Under 21

The Department of Justice (DOJ) informed a federal appeals court Monday that it was dropping an appeal of a ruling that invalided a federal law prohibiting handgun sales to adults under 21 years of age.

The DOJ’s Office of Legal Counsel (OLC) issued a memo on Sept. 17 declaring that the federal law prohibiting handgun sales to 18-20-year-old adults was unconstitutional in light of the Bruen and Wolford decisions. In a filing with the United States Court of Appeals for the Fifth Circuit, which was hearing Firearms Policy Coalition (FPC) v. Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF), the government stated it was no longer contesting a federal district court’s ruling. (RELATED: Here’s Why It May Take Months For DOJ’s Latest Memo To Benefit 18-Year-Old Gun Owners)

“Pursuant to Federal Rule of Appellate Procedure 42(b)(2), the government respectfully moves to voluntarily dismiss its appeal in this case, with each party to bear its own costs,” the motion said. “Counsel for plaintiffs have authorized us to represent that they consent to this motion.”

The DOJ also filed a brief Monday in which it cited the OLC memo, stating that the memo rendered the case “moot.”

In our lawsuit challenging the federal young adult handgun ban, the DOJ has filed: 1) A motion to dismiss its appeal in the case 2) A response brief in our appeal, which argues that the case is now moot because the federal government "will not enforce the challenged provisions against anyone, anywhere" https://t.co/dZBozIkmnC

“On September 17, 2026, in response to a question from the Attorney General, the Department of Justice’s Office of Legal Counsel (OLC) determined that Sections 922(b)(1) and (c)(1), along with their implementing regulations, are inconsistent with the Second Amendment,” the brief said. “OLC concluded that the challenged restrictions ‘may not be enforced to impose criminal penalties on dealers who sell handguns’ to persons between the ages of 18 and 21.”

“In light of that determination, this dispute is now moot,” the brief continued. “The Department of Justice’s determination that it will not enforce the challenged provisions against anyone, anywhere, demonstrates that there is no longer a live controversy. The Court thus need not, and should not, address the scope of relief questions that otherwise would have been presented. And even if the Court determines that the case is not moot, the OLC opinion demonstrates that there is no basis for expanding the permanent injunction in the manner plaintiffs request.”

In the Sept. 17 memo, the OLC noted that 18-year-olds were determined to be old enough to exercise various rights and responsibilities of citizenship, as well as facing the ultimate punishment for criminal acts. (RELATED: Supreme Court Could Potentially Take Up Another 2A Case Originating From Home Of ‘Spirit Of Aloha’)

“Our laws deem an eighteen-year-old ‘mature enough to be drafted, vote, serve as a juror, and be sentenced to death.’ One such eighteen-year-old represented the United States at the Tokyo Olympics in 2020, shooting skeet,” the Sept. 17 DOJ memo opened. “Yet, due to statutes predicated on concerns over an eighteen-year-old’s ability to handle a pistol as a responsible adult, it would have been a federal felony if a licensed dealer had sold her such a firearm before she left or after she returned to her studies at the University of Texas at Arlington.”

The case, originally known as Reese v. ATF, was first filed in November 2020, and bounced between a federal district court and the Fifth Circuit, with the Fifth Circuit initially reversing the district court’s decision to grant the Biden administration summary judgment. In January, the district court ruled in favor of the plaintiffs following the appellate court’s decision.