Key Takeaways
- The USPS proposes to allow mailing lawful handguns, reversing decades of restrictions following a DOJ legal opinion.
- The proposed rule classifies handguns as ‘Mailable Firearms,’ alongside rifles and shotguns, under specific conditions.
- Key requirements include shipping unloaded firearms, no external indications of contents, and tracking for packages.
- The public can comment on the rule until May 4, 2026, focusing on regulatory clarity and usability rather than the merits of the OLC opinion.
- This rule signifies a shift in Second Amendment rights, expanding legal options for firearm transfers.
Estimated reading time: 5 minutes
WASHINGTON, D.C. — The United States Postal Service has published a proposed rule that would allow lawful handguns to be mailed through the mail system for the first time in decades. The proposal, published in the Federal Register on April 2, 2026, follows a January opinion from the Department of Justice’s Office of Legal Counsel concluding that the existing federal ban on mailing concealable firearms is unconstitutional.
The comment period is open now and closes on May 4, 2026. If you have thoughts on how the rule should work, this is your window.
What Changed — and Why
For years, federal law under 18 U.S.C. 1715 made handguns essentially nonmailable through USPS. Rifles and shotguns could move through the mail under certain conditions, but handguns were treated differently. That created a legal inconsistency that gun rights advocates had long challenged.
On January 15, 2026, the DOJ’s Office of Legal Counsel issued a memo concluding that Section 1715 is unconstitutional as applied to handguns and other constitutionally protected firearms. OLC directed the Postal Service to update its regulations accordingly. We covered the federal court battle that preceded this shift — you can read that here.
This proposed rule is the Postal Service’s response to that directive.
What the Proposed Rule Would Do
Under the new framework, lawful handguns would be classified as “Mailable Firearms” alongside rifles and shotguns. The rule defines mailable firearms broadly to include pistols, revolvers, shotguns, and rifles — as long as they are legal to possess.
Firearms that remain nonmailable include machine guns, short-barreled rifles and shotguns, and any firearm that is undetectable by metal detectors and X-ray machines after removal of grips, stocks, and magazines.
Key requirements for mailing handguns under the proposed rule include:
- All mailed firearms must be unloaded.
- No markings on the outside of the package may indicate the contents are a firearm.
- Shipments must use a USPS product that provides tracking and signature capture at delivery, unless shipped between licensed dealers, manufacturers, or importers.
- Mailers must still comply with the Gun Control Act and all applicable federal, state, and local laws.
Non-FFL owners would be allowed to mail handguns to themselves in another state for lawful activities, or to a licensed FFL dealer. Licensed FFL dealers could ship to each other without restriction.
Now, the Obvious Question
Even if this rule goes into effect, would you really want to mail your handgun through USPS? Think about it. These are the same folks who occasionally deliver your neighbor’s packages to your porch and consider “delivered” a flexible concept. For a firearm, the required tracking and signature capture helps — but plenty of gun owners will probably stick with dedicated shipping carriers for anything valuable. Still, the constitutional principle here matters. The government should not have been banning the mailing of a constitutionally protected item in the first place.
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The Postal Service has been clear that comments on the merits of the OLC opinion — including which firearms should or shouldn’t be mailable under the Second Amendment — are outside the scope of this rulemaking. What they are asking for is input on the clarity and practical usability of the proposed regulations.
That said, gun owners and Second Amendment advocates should still show up in this process. Your participation signals engagement and helps shape how these regulations are written and enforced going forward.
To submit a comment before the May 4, 2026 deadline:
- By mail: Director, Product Classification, U.S. Postal Service, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260-5015
- By email: [email protected] (include your name and address; use subject line “Shipping Firearms”)
- Online: regulations.gov — search for document number 2026-06376
Sample Public Comment — 2026-06376
I support the Postal Service’s proposed rule to allow lawful handguns to be mailed under the same conditions as rifles and shotguns.
The existing prohibition treated a constitutionally protected firearm as a second-class item without legal justification. The proposed rule corrects that. The conditions outlined — unloaded firearms, no exterior markings, tracking and signature required — are reasonable and workable.
I urge the Postal Service to finalize this rule as proposed.
The Bigger Picture
This rule is a direct result of years of Second Amendment litigation and legal pressure. Courts and legal authorities have increasingly recognized that the right to keep and bear arms extends beyond the home, and that government restrictions on lawful firearms must be consistent with the nation’s historical tradition of firearm regulation. A blanket ban on mailing handguns didn’t meet that standard.
For licensed dealers, gunsmiths, and collectors, this rule could open up meaningful new options for lawful commerce. For individual gun owners, it expands legal pathways for transferring firearms to yourself or to an FFL when traveling or relocating. The rule does not override state laws, so you’ll still need to know the laws in both the origin and destination states before mailing anything.
The comment period closes May 4. Make your voice heard.
