Postal Service to Let Handguns Travel by Mail
The U.S. Postal Service is set to publish a rule that could allow handguns to be shipped through the mail, following legal guidance from the Department of Justice. The proposed regulation will appear in the Federal Register on Thursday and seeks to align mailing rules with the DOJ’s interpretation of federal law.
Legal Basis
A recent opinion from the DOJ’s Office of Legal Counsel declares that a federal law banning the mailing of concealable firearms—such as handguns—is unconstitutional when applied to weapons protected by the Second Amendment. In response, the Postal Service intends to treat lawful handguns the same as rifles and shotguns for mailing purposes.
Current Restrictions
- Most handguns cannot be mailed unless very specific exceptions apply.
- Mailers must ensure the firearm is unloaded, properly packaged, and meets all safety standards.
Proposed Changes
- Publication 52 will be updated to reflect the new guidelines.
- Handguns that meet safety criteria can now be mailed under the same conditions as other firearms.
- Prohibited items remain unchanged: machine guns and certain modified weapons are still off limits.
- Mailers must comply with all applicable federal, state, and local laws, including the Gun Control Act.
- Packages must not reveal contents through markings; most shipments require tracking and a signature upon delivery.
Licensing and Exceptions
- Dealers holding federal licenses may ship firearms with fewer restrictions.
- Non‑licensed sellers face stricter interstate shipping conditions.
- Military officers, federal agents, and other authorized personnel can mail restricted handguns after filing affidavits demonstrating official use.
Public Comment
The Postal Service will accept public comments for 30 days following publication. Officials encourage feedback focused on the clarity and utility of the new rules rather than revisiting constitutional debates already addressed by the DOJ.
Potential Impact
If adopted, these changes could reshape how firearms move across the country, harmonizing postal regulations with a broader Second Amendment perspective while maintaining safety and oversight.
