The U.S. Postal Service posted a proposed rule to amend a law prohibiting the mailing of concealable firearms.
“The proposed revisions expand the scope of mailable firearms compared to the existing regulations by allowing lawful handguns to be mailed under the same terms and conditions as lawful rifles and shotguns,” a notice on the Federal Register says. “These conditions continue to require, among other things, that mailed firearms be unloaded. Additionally, otherwise nonmailable handguns will remain mailable between authorized persons consistent with Section 1715. The regulations also continue to specify that mailers must continue to adhere to nonpostal statutes and regulations that regulate the possession, transport, and transfer of firearms, including the Gun Control Act (18 U.S.C. 922) and its implementing regulations (27 CFR Part 478).”
“Comments regarding the merits of OLC’s opinion, including the scope of firearms that are mailable and nonmailable under the Second Amendment, are therefore outside the scope of this rulemaking,” the notice adds.
According to the notice, the Postal Service aims to comply with DOJ’s Office of Legal Counsel (OLC) January 2026 opinion, which questioned the constitutionality of the mailing prohibitions. Comments may be submitted by May 4, 2026.
“[U]nlicensed private citizens face a complete ban on shipping concealable firearms, even though handguns are among the core ‘arms’ protected by the Second Amendment,” the opinion says, adding, “We conclude that the restriction imposed by section 1715 violates the Second Amendment. Section 1715 makes it difficult to travel with arms for lawful purposes, including self-defense, target shooting, and hunting. The statute also imposes significant barriers to shipping constitutionally protected firearms as articles of commerce, which interferes with citizens’ incidental rights to acquire and maintain arms.”
