The Department of Justice told the Fifth Circuit it will not enforce federal limits that stop licensed dealers from selling handguns to adults younger than 21 and asked the court to dismiss Firearms Policy Coalition versus ATF as moot.

On September 17, Assistant Attorney General T. Elliot Gaiser of the Office of Legal Counsel concluded those limits violate the Second Amendment. The brief said the opinion states the executive branch position, binds agencies, and ends any realistic chance of action against buyers or sellers, leaving plaintiffs without a continuing legal interest.

Even if the dispute is not moot, the filing said there is no basis to widen a permanent injunction as the plaintiffs request, and ordinary Article III plus equitable rules should control relief for associational plaintiffs.