OLC said DOJ may not criminally punish dealers for handgun sales to law-abiding 18-20 adults, but Fla. Stat. § 790.065(13) still matters at the counter. Chip in so Florida Gun Owners holds the line through November.
The online version of this story is getting ahead of itself.
DOJ’s Office of Legal Counsel put out an opinion on September 17, and the Department announced it on September 18. They’re saying they may not criminally enforce the federal handgun age ban against licensed dealers who sell handguns to otherwise law-abiding adults ages 18 to 20.
But that’s not the whole story.
Congress didn’t repeal the ban. The Supreme Court didn’t wipe it nationwide. DOJ’s lawyers looked at the criminal piece and said they can’t chase dealers that way for that group of adults. Gaiser basically said what you’d say out loud without a briefing book: if you can vote, sit on a jury, get drafted, and face adult penalties, DOJ shouldn’t treat you like a kid buying a handgun. We agree.
But the federal statute is still sitting there. A future AG can try to change course. Courts aren’t stuck obeying an OLC memo. One circuit already struck this as applied, another upheld it, and the Supreme Court left that split alone when it denied cert in the Fourth Circuit case last June. So if somebody tells you “the courts settled this,” they’re skipping pages.
And then there’s Florida. OLC itself pointed at Fla. Stat. § 790.065(13) as one of the state age restrictions that still matter. So even with this federal opinion, don’t assume every Florida shop counter is suddenly open for 18-20 handgun sales. State law can still stop the transfer at the glass even when federal criminal enforcement is paused. Federal non-enforcement and a clear Florida counter are not the same sentence.
So yeah, window. Not permanent win. November’s coming, and politicians who hate this right will try to turn the whole thing into panic while hoping gun owners get sleepy.
We’re going to keep Florida Gun Owners in that fight through November. If you’ve got a little you can spare, chip in and help us hold the line.
For Florida,
Chris Dorr
Executive Director
Florida Gun Owners
P.S. Good DOJ news doesn’t erase 790.065(13) at the counter. Keep that straight, and keep us funded through November if you can.