Mark Kelly Demands Answers on DOJ's Decision to Stop Enforcing Handgun Sales to Individuals Under 21

Senator Mark Kelly (D-AZ) is demanding answers from Attorney General Todd Blanche on a recent decision to stop enforcing a federal law banning handgun sales to individuals under 21.

The Context

In September, the Department of Justice (DOJ) released an Office of Legal Counsel (OLC) opinion concluding that the prohibition of selling handguns to law-abiding 18- to 20-year-olds is unconstitutional.

As Assistant Attorney General T. Elliot Gaiser said, "Eighteen-year-olds may vote, serve on juries, be drafted, and face adult criminal penalties, including capital punishment. The Constitution protects the people's right to keep and bear arms. The Department of Justice may not constitutionally seek to impose criminal penalties on dealers who sell handguns to law-abiding adults who, in nearly every other relevant respect, are members of the political community."

Kelly's Letter

Sen. Kelly argued that Congress passed the ban in the Gun Control Act of 1968, and "nearly 60 years later, the Department's decision to stop enforcing this provision comes not because Congress repealed or amended the law, but because the Executive Branch has independently concluded that these provisions are unconstitutional."

Moreover, the OLC acknowledges that the ban was considered constitutional by the federal bench, and thus, "Given the ongoing nature of this legal dispute, the Department's decision that it may cease enforcement of federal law by executive fiat, rather than continue defending and enforcing the statute, represents an expansive and concerning assertion of executive authority."

As a result, Sen. Kelly demanded the DOJ provide a detailed explanation of the legal authority to stop enforcing the law.

Additionally, the Arizona Senator said the DOJ must turn over any analysis conducted or reviewed regarding the potential public-safety consequences of the decision, along with a list of all investigations, prosecutions, and civil or criminal enforcement actions affected by the Department's decision, including any matters declined, suspended, dismissed, or otherwise modified, and the reasons for each action.