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5mo ago

DOJ Legal Office Declares USPS Handgun Mailing Ban Unconstitutional

Private carrier rules plus a separate restriction on undetectable guns limit immediate effects for most civilians.

Guns confiscated at New York City public schools at a news conference on May 25, 2022, in New York City.
Handguns are displayed for sale during the Expo Gun Show in Tucson, Arizona, on October 27, 2024. Trump has repeatedly claimed that Harris wants to confiscate Americans' guns in violation of the US constitution's Second Amendment -- including in their only televised debate last month. Harris fiercely rejected that charge, noting that she and her running mate, Tim Walz, are both gun owners. (Photo by ERNESTO BENAVIDES/AFP via Getty Images)

Overview

  • In a new opinion, the Office of Legal Counsel said 18 U.S.C. §1715’s prohibition on mailing concealable firearms violates the Second Amendment.
  • The opinion applied the Supreme Court’s 2022 Bruen historical tradition test and found no historical analogue supporting the 1927 ban.
  • The Justice Department directed executive agencies not to enforce §1715 for constitutionally protected arms and urged the Postal Service to revise its regulations.
  • The OLC noted that major private shippers generally refuse handgun shipments from unlicensed individuals, leaving few immediate mailing options even if USPS rules change.
  • The opinion left intact the separate prohibition on mailing undetectable firearms and said USPS need not carry ammunition or gunpowder due to safety concerns.