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The Department of Justice (DOJ) has issued a major opinion concluding that a nearly century-old federal ban on mailing concealable firearms—like handguns—through the United States Postal Service (USPS) is unconstitutional and cannot be enforced. Read the full article here: The Hill.
The 1927 law, 18 U.S.C. § 1715, prohibited mailing pistols, revolvers, and other concealable firearms, while allowing rifles and shotguns under certain conditions. The DOJ argued that the restriction interferes with citizens’ Second Amendment rights to acquire and maintain arms. Assistant Attorney General T. Elliot Gaiser emphasized that handguns fall within the “core” protections of the Constitution, and a federal postal service cannot categorically refuse to ship them for law-abiding citizens.
The opinion highlights practical impacts on travel and commerce. Mailing is often the most effective way to transport firearms—for relocating, attending competitions, or hunting trips. Private carriers like UPS and FedEx restrict shipments to licensed dealers, effectively creating a “complete ban” for unlicensed individuals, which the DOJ says is unconstitutional.
The DOJ also clarified that its ruling does not change all mailing restrictions. Undetectable firearms like pen guns remain restricted, and ammunition or gunpowder cannot be mailed due to safety concerns for postal workers and property.
This opinion comes amid litigation from a gun rights group challenging the USPS ban, calling it outdated. While USPS policies may need adjustment, the DOJ’s stance signals that the government cannot refuse to transport constitutionally protected handguns for law-abiding citizens. The decision raises questions about the balance between public safety and individual rights and marks a significant chapter in the ongoing interpretation of the Second Amendment.

