The Trump administration has proposed a rule that would allow handguns to be mailed through the United States Postal Service for the first time in nearly a century, a move that has drawn sharp opposition from Democratic attorneys general in two dozen states.
Background of the 1927 law
In 1927, Congress passed a law prohibiting the USPS from mailing concealable firearms unless they came from licensed dealers, aiming to curb crime. In January, the Department of Justice revisited this law, calling it unconstitutional and arguing it violated the Second Amendment, urging the postal service to change its regulations.
The Department of Justice stated that as long as Congress chooses to run a parcel service, "the Second Amendment precludes it from refusing to ship constitutionally protected firearms to and from law-abiding citizens, even if they are not licensed manufacturers or dealers."
Proposed rule changes
Last month, USPS proposed a new rule that would allow anyone to mail concealable firearms like pistols and revolvers. Currently, USPS allows some firearms like long-barreled rifles and shotguns to be mailed, provided they are unloaded and securely packaged. Similar protections would apply to handguns, which have evolved since 1927. USPS stated it is reviewing public comments, which were due Monday, before making final changes.
State-level opposition
Nevada Attorney General Aaron Ford, a Democrat running for governor, said the rule change would undo work states like Nevada have done to curb gun violence. Nevada experienced the deadliest mass shooting in modern U.S. history on October 1, 2017, when a gunman opened fire from the Mandalay Bay casino hotel in Las Vegas, killing 60 people. Following the shooting, Nevada passed a law requiring state-administered background checks on most private gun sales or transfers.
"Our state has suffered enough, and to suggest we make it easier for criminals and abusers to access firearms is a slap in the face to gun violence survivors and law enforcement," Ford said in a statement.
Details of the proposed rule
Under the proposed rules, someone could sell and ship a gun to a person within state lines. For interstate shipments, people could only mail a gun to themselves in the care of another person and would be required to open it themselves. This is designed to assist people traveling to another state for recreational purposes such as target shooting or hunting.
The Department of Justice argues that the patchwork of state gun laws makes it difficult to transport firearms across state lines for lawful purposes, and that mail is often the "only viable method of transportation."
Concerns from attorneys general
Ford and other attorneys general from around two dozen states sent a letter Monday urging USPS to withdraw the proposed rule. They argue it will make it easier for people who cannot legally possess guns, such as convicted felons or those with domestic violence records, to access firearms. They also claim it will make solving gun crimes more difficult and that the executive branch lacks authority to ignore a law passed by Congress.
The attorneys general noted that state laws include requirements like firearms safety courses, background checks, and mental health history checks, which are regulated through state entities. These would be bypassed under the proposed rule change, they argued, with no way to guarantee compliance or prevent interstate shipments to unauthorized individuals.
Law enforcement would need to create a new tracking structure for firearms mailed through USPS, placing additional burdens on state budgets, the attorneys general said.
Private carrier policies
Private companies like UPS and FedEx restrict gun shipments to customers with federal firearms licenses, such as importers, manufacturers, dealers, and collectors. FedEx requires shippers with a federal firearms license to work with a FedEx account executive for approval, according to the company's website.
Reactions from advocacy groups
Firearm advocacy groups applauded the proposed change, while gun safety organizations expressed concern. John Commerford, executive director of the lobbying arm of the National Rifle Association, called it a key victory for law-abiding gun owners. "Thanks to President Trump and his administration, USPS will finally allow these firearms to be shipped under the same commonsense safety conditions as rifles and shotguns," Commerford said in a statement.
John Feinblatt, president of Everytown for Gun Safety, said the rule change would turn USPS into a "gun trafficking pipeline" for illegal weapons "while stripping law enforcement of the tools they need to prevent and investigate gun crime."
