The U.S. Postal Service (USPS) is considering a rule change that would allow the mailing of concealable firearms, reversing a 99-year-old ban. The Department of Justice (DOJ) issued a memo in January declaring the 1927 ban unconstitutional under the Second Amendment, prompting the USPS to propose new regulations. The proposed rule would reclassify handguns as mailable firearms, subject to the same shipping rules as long-barreled rifles and shotguns—unloaded and securely packaged. The USPS closed public comments on the proposal on Monday and is reviewing feedback before finalizing any changes.
Opposition from States and Advocates
Democratic attorneys general from 22 states, led by California Attorney General Rob Bonta, have opposed the rule change, arguing it could undermine state gun laws and enable trafficking. Nevada Attorney General Aaron Ford, a Democrat, warned the change could reverse progress made to curb gun violence, citing Nevada’s 2017 mass shooting as a critical example. Anti-gun violence organizations have also criticized the proposal, calling it a dangerous loophole.
DOJ and USPS Justification
The DOJ’s memo argues that the ban violates the Second Amendment by making it difficult for law-abiding citizens to travel with firearms for self-defense, target shooting, or hunting. The memo states that the statute interferes with the right to acquire and maintain arms, rendering it unconstitutional. The USPS deferred to the DOJ’s legal judgment in developing the proposed revisions.
Historical Context
Congress banned the mailing of concealable firearms in 1927 to curb crime. The DOJ’s recent opinion aligns with the Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen, which struck down a New York gun law for failing to align with historical firearm regulations. The USPS currently allows the mailing of long-barreled rifles and shotguns under strict packaging rules.