DOJ, USPS Propose Eliminating Ban on Mailing Firearms

Since 1927, Congress has prohibited the mailing of “pistols, revolvers, and other firearms capable of being concealed on the person,” subject to criminal penalties. 18 U.S.C. § 1715.  The United States Postal Service (“USPS” or “Postal Service”) has enacted rules consistent with the statutory ban on mailing firearms. 27 C.F.R. § 478.

On January 15, 2026, the Department of Justice Office of Legal Counsel (“OLC”) issued an opinion that the federal prohibition on mailing firearms violates the Second Amendment because the restrictions improperly “burden the rights of law-abiding citizens to ship and receive arms in common use for lawful purposes.” OLC requested that the Postal Service modify its regulations to allow for the shipment of firearms consistent with the Second Amendment. On April 2, 2026, the USPS issued a Notice of Proposed Rulemaking (“Proposed Rule”) to amend the mailing standards for firearms in accordance with the OLC memorandum. Comments on the Proposed Rule were due to USPS by May 4, 2026.

Proposed Rule: Overall, the Proposed Rule would make it far easier to mail firearms through the Postal Service. The revisions change the scope of the definitions of “mailable” and “nonmailable” firearms. The Proposed Rule expands the classes firearms that are “mailable” to include “lawful handguns.” They would be subject to the same rules as lawful rifles and shotguns. Under the Proposed Rule, nonmailable firearms would include only those subject to the National Firearms Act (e.g., machine guns) and “those that, after removal of grips, stocks, and magazines, are not detectable by metal detectors and x-ray machines.” 

Interstate Shipments: Presently, owners without an FFL can mail rifles or shotguns to themselves or another person in another state (including other non-FFLs). Under the Proposed Rule, handguns would be mailable under the same requirements as rifles and shotguns. Those requirements are: (1) the firearm must be used for lawful activities, (2) must be addressed to the recipient, and (3) include an “in care of” endorsement immediately prior to the name of the temporary custodian. Additionally, (4) the package must be trackable, and (5) the recipient must be present in person to open the package and sign for it.

Intrastate Shipments: The Proposed Rule would allow lawful handguns to be mailed intrastate as well. Intrastate shipment of long guns is presently permitted.

Implications of the Proposed Rule

The Proposed Rule poses significant public safety risks. Principally, it increases the likelihood of trafficking for all kinds of firearms. The greatest risk is that more individuals will be able to acquire firearms without undergoing background checks. Everytown for Gun Safety argued that this Proposed Rule increases the likelihood that domestic abusers, violent criminals, and minors can acquire guns outside the supervision of the law. Further, as Attorney General Jay Jones of Virginia expressed, this proposal would “allow a flood of prohibited weapons to move across state borders by mail, endangering the public and further straining state and local law enforcement resources for no valid purpose.”

Gun safety groups and advocates may sue to enjoin the Proposed Rule, in part because it goes beyond what OLC’s memorandum asked for. For instance, Everytown for Gun Safety asserted that the OLC memorandum was “rife with factual errors and unsupported legal speculation.” They argue that “[t]here is no language in the OLC memorandum instructing USPS to make changes to its mailability regulations for rifles and shotguns, nor is there language instructing USPS to allow private citizens to mail shotguns, rifles, or handguns to out-of-state persons.” Andrew Willinger, professor at Georgia State University College of Law and Affiliated Expert at the Center for Firearms Law, explains that Democratic state attorneys who choose to sue would have a “strong case.” This, Willinger says, is a consequence of USPS overstepping its role as an agency an allowing acts that are explicitly prohibited by statute, which is “something only Congress can do.”

In accordance with the Administrative Procedure Act, USPS will now review the comments and deliberate on the merits of the Proposed Rule.  The agency review process can take months (or even years). We will keep you updated with any developments.