DOJ Office of Legal Counsel Opinions

DOJ Opinion: 18 U.S.C. § 1715 Unconstitutional for Protected Firearms

The Department of Justice's Office of Legal Counsel has issued an opinion stating that 18 U.S.C. § 1715 is unconstitutional as applied to protected firearms, including handguns. The DOJ may no longer enforce this statute with respect to such firearms, and the Postal Service should modify its regulations accordingly.

DOJ OLC Opinion on Federal Housing Assistance and PRWORA

The DOJ Office of Legal Counsel has issued a memorandum opinion clarifying that federal housing assistance programs administered under Section 214 of the Housing and Community Development Act of 1980 are considered 'Federal means-tested public benefits' under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). Alien applicants must now satisfy eligibility requirements under both statutes.

Reconsidering State Procedures for Competent Counsel in Capital Cases

The DOJ's Office of Legal Counsel has withdrawn its 2009 opinion regarding the Attorney General's authority to condition expedited habeas proceedings on state competency standards for capital case counsel. This reconsideration, prompted by the Supreme Court's decision in Loper Bright Enterprises v. Raimondo, shifts the interpretation of 28 U.S.C. § 2265(a)(1).

DOJ Legal Opinion on Stock Units for Federal Employees

The DOJ's Office of Legal Counsel has issued a legal opinion clarifying that federal employees participating in the proposed "Tech Force" program may continue to receive previously awarded restricted stock units (RSUs) that vest during their government service. This opinion aims to facilitate the recruitment of skilled technologists into federal roles.

DOJ Opinion: Defense Production Act Orders Preempt State Law

The DOJ's Office of Legal Counsel issued a memorandum opinion concluding that Presidential orders under the Defense Production Act (DPA) have the force of federal law and can preempt contrary state laws. This opinion addresses a specific case involving Sable Offshore Corp. and the State of California's impediments to oil production.