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Armed Attorneys Emily Taylor and Richard Hayes break down a major update involving the federal handgun sales ban for 18-, 19-, and 20-year-olds.
On September 17, 2026, the Department of Justice’s Office of Legal Counsel issued a formal opinion concluding that 18 U.S.C. §§ 922(b)(1) and (c)(1) are unconstitutional as applied to law-abiding adults ages 18–20 seeking to purchase handguns.
But what does that actually mean right now?
Emily and Richard explain the Fifth Circuit’s decision in Reese v. ATF, the January 2026 district court judgment, the split with the Fourth Circuit, and what DOJ’s new position means in practice.
They discuss:
• What 18 U.S.C. § 922(b)(1) actually prohibits• Why Reese v. ATF matters• Who is currently covered by the Fifth Circuit injunction• Whether the DOJ/OLC position applies nationwide• Whether 18–20-year-olds can buy a handgun from an FFL right now• Why many gun stores may still be waiting for ATF guidance and changes to Form 4473• The difference between a court injunction and DOJ enforcement policy• Whether state age restrictions still apply• What could happen under a future administration• Whether dealers could face prosecution later
The legal landscape has changed significantly, but there are still important limits, unanswered questions, and practical concerns for both buyers and Federal Firearms Licensees.
If you’re a Texas gun owner, learn more about the Armed Attorneys Legal Self-Defense Protection Program at ArmedAttorneys.com.
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📌 General Information OnlyThe material presented is for general informational, educational, and entertainment purposes only and should not be construed as formal legal advice or the formation of a lawyer-client relationship. Always consult an attorney for specific legal guidance.
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