New York Gov. Kathy Hochul (D) said the state will continue enforcing its ban on handgun sales to 18- to 20-year-olds after the Justice Department concluded that the federal restriction cannot constitutionally be enforced against otherwise law-abiding adults in that age group.

The Justice Department’s Office of Legal Counsel issued its opinion Sept. 17, concluding that federal statutes prohibiting federally licensed dealers from selling handguns and handgun ammunition to people under 21 violate the Second Amendment as applied to 18- to 20-year-olds. The opinion relied on Supreme Court precedents including District of Columbia v. Heller and New York State Rifle & Pistol Ass’n v. Bruen.

Assistant Attorney General T. Elliot Gaiser wrote that 18- to 20-year-olds are among “the people” protected by the Second Amendment, noting that adults in that age group can vote, serve on juries, be drafted and face adult criminal penalties. The opinion concluded that federal prosecutors cannot impose criminal penalties on licensed dealers for selling handguns to otherwise law-abiding adults in that age range.

Hochul responded the following day, writing on X, “Not in New York.” She said state law continues to prohibit 18- to 20-year-olds from purchasing handguns and that the policy would not change.

The federal opinion does not invalidate state firearm laws. Its conclusion applies to the enforcement of federal statutes under the Justice Department’s authority, leaving states to enforce their own laws within the limits of the Constitution. The OLC opinion also expressly limited its analysis to the federal restrictions at issue and did not address other federal firearm provisions.

The dispute leaves a difference between federal enforcement policy and New York’s state-level restrictions, with the state continuing to maintain its existing age requirement for handgun purchases despite the Justice Department’s constitutional analysis.