USPS Proposes Ending 99-Year Ban on Mailing Handguns After DOJ Calls Law ‘Unconstitutional’

For nearly 100 years, Americans have been barred from dropping a handgun into the mail. That restriction, created during the Prohibition era to curb violent crime, is now at the center of a constitutional fight after the Department of Justice declared the law unenforceable under the Second Amendment. The U.S. Postal Service is reviewing a proposal that would allow ordinary citizens to mail pistols and revolvers under specific conditions, setting off a national clash over gun rights, federal authority, and public safety.

The 1927 Law That Kept Handguns Out of the Mail

The restriction traces back to 1927 and is codified in 18 U.S. Code § 1715, which classifies concealable firearms as “nonmailable.” The law prohibited pistols and revolvers from being shipped through USPS except in limited cases involving military personnel, law enforcement, postal employees, and licensed firearms dealers. Violating the statute can carry criminal penalties, including up to two years in prison. Congress adopted the measure during an era marked by organized crime, bank robberies, and concerns about concealable weapons moving anonymously across state lines.

DOJ Reframes The Issue As A Constitutional Question

The debate shifted dramatically in January when the Justice Department’s Office of Legal Counsel released a 15-page opinion arguing that the mailing ban violates the Second Amendment. Assistant Attorney General T. Elliot Gaiser wrote that the restriction interferes with lawful activities including hunting, target shooting, and self-defense, while also limiting Americans’ ability to transport constitutionally protected firearms. The opinion argued that because Congress operates a parcel service through USPS, it cannot selectively deny law-abiding citizens the ability to ship handguns.

Why The Postal Service Is Considering A Rule Change

Following the DOJ opinion, USPS proposed a new rule in April that would permit concealable firearms such as handguns to be mailed under safeguards similar to those already required for rifles and shotguns. Existing USPS policy already allows some long guns to be shipped if they are unloaded and securely packaged. Under the proposal, handguns would follow comparable packaging and handling standards. USPS spokesperson David Walton said the agency is reviewing public comments submitted before the May 4 deadline before making any final decision.

What The Proposed Rules Would Actually Allow

The proposal would not create unlimited handgun shipping. According to the draft rules, individuals could sell and ship firearms to another person within the same state, subject to state law. Interstate mailing would remain narrower. A person could ship a handgun to themselves in another state “in care of” another individual, but only the owner would be allowed to open the package. The DOJ says that accommodation is intended for lawful travel situations, such as hunting trips or competitive shooting events where transporting firearms through airports or public transit may be difficult.

Gun Rights Groups See A Long-Overdue Change

Gun rights organizations have framed the proposal as the correction of an outdated federal restriction. The National Rifle Association’s lobbying arm, NRA-ILA, praised the Trump administration for advancing what it called equal treatment between handguns and other firearms already allowed in the mail system. Supporters also point to policies at private carriers like UPS and FedEx, which largely limit firearm shipping to federally licensed dealers, arguing that ordinary gun owners currently face few practical transportation options. DOJ attorneys described that system as creating an effective “complete ban” for many unlicensed individuals.

Attorneys General Warn Of A New “Gun Trafficking Pipeline”

Opponents argue the proposal could weaken existing safeguards designed to prevent illegal firearm transfers. Democratic attorneys general from roughly two dozen states sent a joint letter urging USPS to withdraw the rule. Nevada Attorney General Aaron Ford told reporters and wrote in a multistate opposition letter that the proposal would undermine state efforts to reduce gun violence, particularly in places that expanded background checks after mass shootings. Gun safety group Everytown for Gun Safety warned that easier handgun mailing could make it harder for law enforcement to track weapons used in crimes and easier for prohibited buyers to obtain firearms through straw purchases or unregulated transfers.

The State Law Conflict Could Become Central

One of the largest unresolved questions is whether the federal change would collide with state gun laws. Attorneys general opposing the proposal argue that states often require firearm safety training, background checks, and mental health screenings before certain transfers can occur. They contend that direct mailing could bypass state-administered enforcement systems and create investigative blind spots for local authorities. Critics also argue the executive branch cannot effectively nullify a law passed by Congress without court intervention or new legislation.

The Supreme Court’s Second Amendment Shift Looms Over The Fight

The DOJ opinion reflects a broader legal transformation after the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen. That ruling expanded Second Amendment protections by requiring modern gun regulations to align with historical traditions of firearm regulation. Since then, federal agencies and lower courts have reevaluated longstanding firearm restrictions through a more aggressive constitutional lens. The DOJ’s opinion suggests the 1927 mailing ban no longer survives under that framework, particularly because handguns are considered core protected weapons for lawful self-defense.

The Next Battle May Happen In Courtrooms, Not Post Offices

The USPS proposal is still under review, but whatever the agency decides is unlikely to end the dispute. If the rule is finalized, states and gun safety groups could challenge it in federal court, while gun rights advocates may push for even broader changes to firearm shipping rules. The fight also raises a larger question extending beyond mail delivery: how far federal agencies can go in reshaping gun policy after decades-old laws collide with a rapidly evolving interpretation of the Second Amendment. Nearly a century after Congress first blocked concealable firearms from the mail stream, the issue is no longer just about postal policy. It has become another front in the nation’s broader constitutional struggle over guns, federal power, and public safety.