A longstanding federal statute banning the mailing of handguns has been declared unconstitutional, heralding a significant victory for Second Amendment advocates.
Story Highlights
- The DOJ has declared the USPS handgun mailing ban unconstitutional.
- This decision is seen as a major victory for Second Amendment rights.
- The USPS has yet to update its regulations following the DOJ opinion.
- The change could ease shipping barriers for Federal Firearms Licensees and individuals.
DOJ Declares USPS Handgun Mailing Ban Unconstitutional
The U.S. Department of Justice’s Office of Legal Counsel recently declared that the longstanding federal statute, 18 U.S.C. § 1715, which prohibited the mailing of handguns through the U.S. Postal Service, violates the Second Amendment. This decision, dated January 15, 2026, marks a significant shift in federal policy, aligning with the Supreme Court’s 2022 *Bruen* decision. The DOJ’s opinion argues that the ban on mailing handguns burdens lawful self-defense and gun commerce, lacking historical precedent.
The statute, enacted in 1927, was initially aimed at curbing urban crime and mail-order gun sales. However, with recent shifts in legal interpretations following the *Bruen* decision, the DOJ now views the statute as unconstitutional when applied to handguns intended for lawful use. This change, while not a binding law or Supreme Court precedent, guides DOJ enforcement and puts pressure on the USPS to revise its regulations. Currently, the USPS has not updated its policies, maintaining the ban as outlined in Publication 52.
Implications for Federal Firearms Licensees and Individuals
The DOJ’s decision is a welcomed development for Federal Firearms Licensees (FFLs) and private citizens who have faced significant barriers in shipping firearms. The ban, coupled with private carrier restrictions, effectively created a shipping blockade for individuals, complicating the transport of firearms for self-defense or commerce. With the DOJ halting enforcement of this statute against protected arms, FFLs and gun owners anticipate improved commerce and travel flexibility.
While the DOJ opinion shifts enforcement stance, its practical impact depends on how quickly the USPS updates its regulations. The existing protocols remain unchanged, and industry outlets advise caution until official USPS policy adjustments are made.
Economic and Political Impact
The DOJ’s stance could significantly impact the firearms industry by boosting sales and easing commerce restrictions. The change aligns with President Trump’s administration’s commitment to protecting Second Amendment rights and reducing regulatory barriers. While this development is celebrated among gun rights advocates, it also raises security concerns about gun mailings.
Gun owners and FFLs stand to benefit economically and socially from enhanced access and reduced shipping constraints. Politically, this reinforces post-*Bruen* deregulation and could influence future elections and litigation regarding gun rights.
Sources:
DOJ Says USPS Handgun Mailing Ban Is Unconstitutional
DOJ Says the Ban on Mailing Handguns Is Unconstitutional
Wyomingites Cheer Potential Reversal of Ban on Mailing Guns
