The Two Faces of This Current DOJ

Published on October 10, 2025
Duration: 11:00

This video analyzes the Department of Justice's (DOJ) stance on the federal ban prohibiting 18, 19, and 20-year-olds from possessing and buying certain firearms, specifically in the context of McCoy v. ATF. The DOJ is partially opposing the petition to the Supreme Court, requesting that the constitutional challenge to 18 U.S.C. § 922(b)(1) be held pending resolution of other related cases. The speaker questions the DOJ's reasoning, suggesting it may not be entirely intellectually honest given the Attorney General's past support for such laws.

Quick Summary

The federal ban prohibiting 18, 19, and 20-year-olds from possessing and buying certain firearms is codified under 18 U.S.C. § 922(b)(1). The Department of Justice (DOJ) is partially opposing the petition for review in McCoy v. ATF, requesting the Supreme Court to hold the constitutional challenge pending the resolution of other related cases.

Chapters

  1. 00:00Introduction: Predictability in Law
  2. 01:14The Two Faces of the DOJ
  3. 01:24Federal Ban on 18-20 Year Olds
  4. 01:36McCoy v. ATF Case Overview
  5. 01:4518 U.S.C. § 922(b)(1) Challenge
  6. 02:02District Court Ruling & DOJ Appeal
  7. 02:19DOJ's Brief in Opposition
  8. 02:47Two Issues in Litigation
  9. 03:31DOJ's Stance on Constitutionality
  10. 03:56Cited Cases for Guidance
  11. 04:06Analyzing Wolford v. Lopez
  12. 05:01Relevance of Wolford to 18-20 Ban
  13. 05:23Analyzing Hammani, WVCDL, NRA Cases
  14. 05:53Hammani: 18 U.S.C. § 922(g)(3)
  15. 06:35DOJ's Reasoning for Hammani Guidance
  16. 07:12Cases Directly Addressing 922(b)(1)
  17. 07:25The 'Aging Out' Problem
  18. 08:42Is DOJ Vehemently Opposing McCoy?
  19. 09:14Questioning DOJ's Intellectual Honesty
  20. 09:32Attorney General's Past Stance
  21. 09:57Conclusion and Next Steps
  22. 10:09Link to DOJ Memorandum
  23. 10:17Contact Washington Gun Law
  24. 10:40Being a Lawful Gun Owner

Frequently Asked Questions

What is the federal law restricting firearm possession for 18-20 year olds?

The federal law in question is 18 U.S.C. § 922(b)(1), which prohibits individuals aged 18, 19, and 20 from possessing and buying certain firearms. This law is currently being challenged in cases like McCoy v. ATF.

What is the Department of Justice's position on the McCoy v. ATF case?

The DOJ is partially opposing the petition for review in McCoy v. ATF. They are asking the Supreme Court to hold the constitutional challenge to 18 U.S.C. § 922(b)(1) pending the resolution of other related cases, while actively opposing the class action certification issue.

Why does the DOJ want to delay a ruling on the 18-20 year old firearm ban?

The DOJ suggests that other pending Supreme Court cases, such as Wolford v. Lopez and United States v. Hammani, could provide guidance on Second Amendment methodology and constitutional interpretation, which might inform the decision in McCoy v. ATF.

What is the 'aging out' problem in firearm law litigation?

The 'aging out' problem occurs when named plaintiffs in lawsuits challenging age-based firearm restrictions turn 21 during the lengthy litigation process. This makes the law moot for them, complicating the case and potentially delaying broader legal clarity.

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