USPS Proposes Rule to Allow Mailing Handguns
The United States Postal Service (USPS) has proposed a rule change that would permit individuals to mail handguns through the postal service for the first time since a 1927 law prohibited the practice. The proposal has drawn opposition from a coalition of Democratic state attorneys general, while receiving praise from gun rights organizations.
Proposed Rule Details
The proposed rule, announced on April 2, would allow any individual to mail a handgun provided the firearm is unloaded and securely packaged. This would align handgun mailing requirements with existing regulations for long-barreled rifles and shotguns.
For shipments within a state, individuals could sell and ship a handgun to another person. For interstate shipments, a person could only mail a handgun to themselves in the care of another person, with the recipient required to open the package personally. The rule is intended to allow individuals to transport firearms for recreational purposes such as target shooting and hunting.
The public comment period ended on May 4. USPS is currently reviewing comments before finalizing any changes.
Background
In 1927, Congress passed a law prohibiting USPS from mailing concealable firearms, with an exception for shipments from licensed dealers. The measure was enacted as a crime prevention law.
In January, the Department of Justice's Office of Legal Counsel issued an opinion arguing that the 1927 law is unconstitutional under the Second Amendment. The DOJ stated that the patchwork of state gun laws makes mail the "only viable method of transportation" for lawful purposes across state lines. The DOJ subsequently urged the USPS to change its regulations.
Private carriers such as UPS and FedEx currently restrict gun shipments to customers with federal firearms licenses.
Opposition
A coalition of Democratic attorneys general from approximately two dozen states sent a letter urging the USPS to withdraw the proposed rule. Their concerns include:
- The rule could make it easier for individuals legally barred from possessing firearms, such as convicted felons or those with domestic violence convictions, to obtain them.
- The change could bypass federal firearms license requirements and complicate gun crime investigations.
- The rule could override state firearm regulations, including background checks, safety courses, and mental health history checks.
- It could create additional burdens on state budgets for tracking mailed firearms.
- The executive branch may lack authority to ignore a law passed by Congress.
"The rule change would undermine state efforts to reduce gun violence." — Nevada Attorney General Aaron Ford
Nevada Attorney General Aaron Ford, a Democrat, stated that the rule change would undermine state efforts to reduce gun violence. He referenced the 2017 mass shooting in Las Vegas that killed 60 people. Nevada subsequently passed a law requiring state-administered background checks on most private gun sales or transfers.
Support
John Commerford, executive director of the lobbying arm of the National Rifle Association of America, praised the proposed change, calling it a key victory for law-abiding gun owners. He noted that handguns would be shipped under the same safety conditions as rifles and shotguns.
Other Statements
John Feinblatt, president of the gun safety organization Everytown for Gun Safety, stated that the rule change would turn USPS into a "gun trafficking pipeline" and strip law enforcement of tools to prevent and investigate gun crime.
"This would strip law enforcement of tools to prevent and investigate gun crime." — John Feinblatt, Everytown for Gun Safety