Kelly, Murphy, Schiff Demand Answers from Trump Administration Over Decision to Allow Handgun Sales to Teenagers

Senators Mark Kelly (D-AZ), Chris Murphy (D-CT), and Adam Schiff (D-CA) demanded answers to Attorney General Todd Blanche on the Department of Justice's (DOJ) decision to stop enforcing a long-standing federal law prohibiting licensed gun dealers from selling handguns to individuals under the age of 21.

In a letter, the senators raised concerns that the decision could make it easier for teenagers to purchase handguns and put communities at greater risk of gun violence. They also questioned DOJ's authority to stop enforcing a federal law that Congress has not repealed or amended.

The senators highlighted the enormous risks to public safety if handguns are placed in teens' hands: "The public safety implications of this decision are clear. Numerous mass shootings have been committed by perpetrators between the ages of 18 and 20, including the shooting at Robb Elementary School in Uvalde, Texas, where an 18-year-old fatally shot 19 students and two teachers and injured 18 others, as well as the shootings at a supermarket in Buffalo, New York; an Indianapolis FedEx facility and Marjory Stoneman Douglas High School in Parkland, Florida. These tragic examples underscore the public safety considerations at stake and the serious risks Congress sought to address."

The senators laid out the decades-long, bipartisan consensus on banning gun dealers from selling firearms to teenagers: "Congress enacted this prohibition as part of the Gun Control Act of 1968, clearly stating that 'it shall be unlawful' for an FFL to sell or transfer a handgun to a person under age 21. Nearly 60 years later, the Department's decision to stop enforcing this provision comes not because Congress repealed or amended the law, but because the Executive Branch has independently concluded that these provisions are unconstitutional. This decision raises serious questions about the Department's execution of federal law, its communications with members of the gun industry, and the implications for the enforcement of federal firearms laws nationwide."

The senators argued Blanche's decision is another authoritarian power grab over the judicial branch and Congress: "The Department's OLC opinion acknowledges the constitutionality of age-based firearms restrictions has 'deeply divided members of the federal bench.' 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."

The senators concluded by requesting Blanche provide the following information on the authority and research supporting his decision:

• A detailed explanation of the legal authority on which the Department relies to stop criminal and civil enforcement of these provisions, despite their continued status as federal law;
• All legal materials concerning the Department's decision to stop enforcing 18 U.S.C. § 922(b)(1) and (c)(1) against federally licensed firearm dealers that sell handguns to individuals between the ages of 18 and 20;
• Any analysis conducted or reviewed by the Department regarding the potential public-safety consequences of changing federal enforcement policy for handgun sales to individuals between the ages of 18 and 20; and
• 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.

Kelly, Murphy, and Schiff were joined by Senators Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Cory Booker (D-NJ), Chris Coons (D-DE), Dick Durbin (D-IL), Kirsten Gillibrand (D-NY), Mazie Hirono (D-HI), Tim Kaine (D-VA), Andy Kim (D-NJ), Amy Klobuchar (D-MN), Ed Markey (D-MA), Alex Padilla (D-CA), Jack Reed (D-RI), Chuck Schumer (D-NY), Elizabeth Warren (D-MA), Peter Welch (D-VT), and Sheldon Whitehouse (D-RI).

Click here to read full letter.