The United States Postal Service has officially reached the end of its public comment period regarding a major policy shift that could soon allow private citizens to mail firearms. This move, which would overturn a ban spanning nearly a century, follows a legal memo from the Department of Justice questioning the constitutionality of current mailing restrictions.
Since 1927, Congress has prohibited the mailing of “concealable” firearms, such as pistols and revolvers, through the federal postal system. However, the Department of Justice’s Office of Legal Counsel issued a memo this past April suggesting that this long-standing rule is likely out of step with recent judicial precedents.
The memo specifically points to the Supreme Court’s 2022 ruling in New York State Rifle and Pistol Association v. Bruen, which set a higher bar for the government to justify firearm restrictions.
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According to the DOJ memo, the current ban on mailing handguns creates “significant barriers” for citizens trying to exercise their Second Amendment rights. The document argues that the law makes it unnecessarily difficult for people to travel with firearms for lawful activities like hunting, target shooting, or self-defense.
“We conclude that the restriction imposed by section 1715 violates the Second Amendment,” the memo states. The legal experts further noted that the 1927 statute interferes with the “incidental rights to acquire and maintain arms” and claimed there is “no historical analogue” in American tradition that supports such a sweeping restriction on shipping.
The proposal has not moved forward without friction. While the USPS is now reviewing the feedback gathered during the comment phase, the plan has faced stiff opposition from several Democratic officials and gun control advocacy groups. These critics argue that easing the mailing restrictions could lead to safety concerns or complicate the tracking of weapon transfers.
As the USPS evaluates its next steps, the decision on whether to publish the final rule remains pending. If enacted, the change would mark one of the most significant shifts in postal regulations regarding lethal weapons in modern American history.
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