OLC paused criminal enforcement for dealer handgun sales to law-abiding 18-20 adults, but the Fourth Circuit upheld the ban in McCoy and SCOTUS denied cert. Chip in so North Carolina Firearms Coalition holds the line through November.
If you’re a Carolina gun owner, please do not treat last week like the courts just lined up behind you, because they didnt.
On September 17 DOJ’s Office of Legal Counsel issued an opinion, and on September 18 the Department announced it: DOJ says it may not criminally enforce the federal handgun age ban against licensed dealers who sell handguns to otherwise law-abiding adults ages 18 to 20. That’s a big deal for federal criminal enforcement. It is not the same thing as settled law.
And here’s why I don’t want you celebrating like somebody rang a bell at the Supreme Court. The Fifth Circuit struck this restriction as applied for 18-20 FFL handgun sales. Our neighboring Fourth Circuit upheld it in McCoy. Then on June 30, 2026, the Supreme Court denied cert in McCoy and left that split standing. So when DOJ’s lawyers say they won’t chase dealers with criminal penalties under that ban, that is DOJ talking – not a nationwide court order, and not automatic cover for every courtroom that already went the other way.
Congress also didn’t repeal the text. The statute is still on the books. Courts aren’t bound by an OLC opinion. A future Attorney General can try to reverse course. And states can keep their own shop-door age rules even when federal criminal enforcement pauses, so federal non-enforcement is not a promise that every counter in North Carolina suddenly opens.
Gaiser’s common-sense line is still worth saying in normal words: if you’re old enough to vote, sit on a jury, get drafted, and face adult penalties, DOJ shouldn’t treat you like a child buying a handgun from a dealer. Good. Now keep your feet on the ground, because November is when politicians will try to scare this window shut and hope gun owners confuse a memo with a win.
We’re holding the line through November so Carolina gun owners don’t get sold a victory lap while the courts are still split and the statute is still breathing. If you can spare a little, chip in and keep North Carolina Firearms Coalition in that fight.
For North Carolina,
Chris Dorr
Executive Director
North Carolina Firearms Coalition
P.S. McCoy upheld the ban. SCOTUS denied cert. DOJ’s opinion matters, but it still isn’t a substitute for finished work.