The U.S. Postal Service (USPS) has proposed a new rule that would allow the mailing of handguns, overturning a nearly century-old restriction barring the shipment of concealable firearms through the mail. The proposal, issued on April 2, follows a Department of Justice (DOJ) opinion that the 1927 ban is unconstitutional under the Second Amendment.
The original law, passed by Congress in 1927, prohibited the USPS from mailing concealable firearms except those shipped by licensed manufacturers or dealers, aiming to reduce gun-related crimes. However, in January 2026, the DOJ’s Office of Legal Counsel reviewed the statute and concluded it infringes on the constitutional right to bear arms, prompting the postal service to reconsider its regulations.
Currently, USPS allows the mailing of certain firearms such as rifles and shotguns if they are unloaded and securely packaged, but handguns remain prohibited. The proposed rule would extend similar conditions—safe packaging and unloading—to handguns, including pistols and revolvers.
USPS spokesperson David Walton stated the rule was proposed to align USPS policy with the DOJ’s legal interpretation. The public comment period for the proposal closed on May 4, and USPS is reviewing the feedback received.
Opposition from State Attorneys General
The proposal has faced immediate criticism from Democratic attorneys general in roughly two dozen states. They argue that allowing handguns to be mailed would undermine state gun control laws, including requirements for background checks, mental health evaluations, and safety courses. The attorneys general warn the rule would create new pathways for people prohibited from owning guns—such as felons and individuals with domestic violence convictions—to access firearms.
Nevada Attorney General Aaron Ford emphasized the potential risks, citing Nevada’s experience with the 2017 mass shooting in Las Vegas, which led to state-enacted background check laws on private gun sales. Ford and others contend the change would circumvent the state’s regulatory framework and hamper law enforcement efforts by complicating tracking and investigation of gun crimes.
The letter sent by the attorneys general asserts that the executive branch lacks authority to override a congressional law and that the new rule risks overriding multiple state laws designed to regulate firearm possession and transfers.
Federal Government and Industry Response
The Justice Department argues that the diversity of state gun laws creates challenges for gun owners traveling or shipping firearms across state lines for lawful activities like hunting and target shooting. DOJ officials consider mail shipment a necessary option when direct transport is not feasible.
Private shipping companies such as UPS and FedEx currently restrict firearm shipments to licensed dealers and manufacturers only, requiring special approvals. By contrast, the USPS proposal would allow any individual to send handguns through the mail under specified conditions.
Firearm advocacy groups, including the National Rifle Association’s lobbying arm, praised the proposal as a victory for lawful gun owners. Conversely, gun safety organizations have expressed concern that the rule could facilitate illegal gun trafficking and weaken preventive law enforcement capacity.
Why it matters
This USPS proposal challenges a longstanding federal restriction designed to limit access to concealable firearms and represents a significant shift in federal gun policy. It has implications for state gun control efforts, interstate firearm transfers, and public safety. The controversy highlights tensions between constitutional interpretations of the Second Amendment and regulatory measures aimed at reducing gun violence.
The rule’s final adoption could alter how firearms are transported and traded in the U.S., generating new challenges for law enforcement and state governments tasked with enforcing gun laws and safeguarding communities.
Sources
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