Full Breakdown
USPS Proposal to Mail Handguns Revives Decades-Old Legal Debate
5/8/2026, 9:15:47 PM
Proposed Rule to Allow Handgun Shipments via USPS
The United States Postal Service announced a draft regulation that would permit private individuals to mail concealable firearms—pistols and revolvers—under conditions similar to those already applied to long-barreled rifles and shotguns. The rule, issued in January 2026, would apply to shipments within state lines and impose stricter controls on interstate transfers, requiring the recipient to open the package themselves.
Historical Legal Framework and DOJ Reinterpretation
Congress enacted the 1927 Firearms Mail Ban to stop the USPS from transporting handguns unless the sender was a licensed dealer. In January 2026, the Department of Justice (DOJ) declared the statute unconstitutional, arguing that the Second Amendment bars the government from refusing to ship “constitutionally protected firearms” to law-abiding citizens, even when the senders lack federal firearms licenses.
Key Stakeholders
- Department of Justice – legal advocate for the rule change.
- United States Postal Service – agency reviewing public comments before finalizing the regulation.
- President Donald Trump – administration under which the proposal was issued.
- Nevada Attorney General Aaron Ford and approximately 24 Democratic attorneys general – opponents of the rule.
- National Rifle Association of America (NRA) – gun-rights group supporting the change.
- Everytown for Gun Safety – gun-safety organization opposing the rule.
- United Parcel Service (UPS) and FedEx – private carriers that already restrict handgun shipments to federally licensed entities.
Data and Statistics
- The 1927 law has barred USPS handgun shipments for nearly a century.
- Nevada’s 2017 mass shooting at the Mandalay Bay casino hotel left 60 dead, prompting the state’s post-shooting background-check law.
- Attorneys general from 24 states signed a joint letter urging the USPS to withdraw the proposal.
- USPS presently permits rifles and shotguns to be mailed only when unloaded and securely packaged.
Potential Impacts and Concerns
Proponents argue that the rule would ease lawful travel for hunters, target shooters, and self-defense practitioners who lack other transport options. Opponents warn that the change could enable felons, domestic-violence offenders, and other prohibited persons to obtain handguns, bypass state safety courses, background checks, and mental-health screenings. Law-enforcement agencies anticipate added tracking burdens and budgetary strain to monitor mailed firearms.
Official Statements & Responses
The DOJ maintains that the patchwork of state gun laws hampers lawful interstate transport and that the Second Amendment supersedes the 1927 restriction. The USPS said it is reviewing public comments, which were due on the Monday following the announcement. UPS and FedEx reiterated their policies limiting handgun shipments to holders of federal firearms licenses, requiring account-executive approval for each shipment.
Criticism & Opposition
The coalition of Democratic attorneys general contended that the executive branch lacks authority to override a congressional statute and that the rule would undercut state-level gun-safety measures. They highlighted the difficulty of guaranteeing compliance with the new tracking requirements and warned that the rule could create a “gun trafficking pipeline” for illegal weapons.
Conflicting Reports & Gaps
Sources differ on the legal interpretation of congressional authority versus executive action in revising the 1927 law. No definitive mechanism has been outlined for verifying that mailed handguns comply with state-specific background-check and safety-course requirements.
Verbatim Quotes
- “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,” — Aaron Ford, Nevada Attorney General
- “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.” — Department of Justice
- “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,” — John Commerford, Executive Director, NRA-Lobbying Arm
- “while stripping law enforcement of the tools they need to prevent and investigate gun crime.” — John Feinblatt, President, Everytown for Gun Safety
What’s Next
The USPS will consider the public comments received by the deadline and is expected to issue a final rule later in 2026. Both state attorneys general and gun-rights groups have signaled intent to pursue legal action depending on the outcome.
