Trump Administration Pushes to Allow USPS Handgun Mailing

The Trump administration is pushing to allow the U.S. Postal Service (USPS) to mail handguns, following a Department of Justice declaration that a 99-year-old ban on the practice is unconstitutional. According to Los Angeles Times, CBS News, and The Guardian, this proposed policy has sparked significant debate.

California Attorney General Rob Bonta has called the proposed rule a “dangerous loophole” that threatens state gun control laws and enables weapons trafficking. The USPS proposed rule would reclassify revolvers and other handguns as mailable firearms, subject to the same rules applied to long-barreled rifles and shotguns. Under this change, guns must be shipped unloaded and securely packaged.

The DOJ argued that Congress cannot refuse to ship constitutionally protected firearms if it operates a parcel service. In 1927, Congress passed a law barring the USPS from mailing concealable firearms unless they were from licensed dealers in an effort to curb crime. The DOJ revisited this law in January, calling it unconstitutional and arguing that it violated the Second Amendment.

A coalition of 22 Democratic attorneys general, led by Bonta, has submitted a comment letter opposing the policy. They argue that allowing handguns to be mailed would enable prohibited individuals to obtain weapons without background checks or regard for state laws. The USPS said it will review all public comments before finalizing any changes.

Gun rights advocates have praised the proposed change, saying it will enable citizens to more easily ship handguns for repairs and travel. John Commerford of the NRA Institute for Legislative Action called it a “key victory” for law-abiding gun owners. However, opponents argue that there is no easy way to ensure people follow state laws when mailing handguns.

The proposed rule would allow individuals to ship guns within the same state and across state lines with restrictions. The DOJ argues that patchwork state laws make it difficult for law-abiding citizens to transport firearms across state lines, making mail a necessary method of transportation. Private companies like UPS and FedEx restrict gun shipments to customers with federal firearms licenses.

Nevada Attorney General Aaron Ford, who is running for governor, stated that the rule change would undo efforts by states like Nevada to curb gun violence. He emphasized the state's experience with the deadliest mass shooting in modern U.S. history and highlighted the importance of background checks on private gun sales or transfers.

The attorneys general also argued that the executive branch does not have the authority to ignore a law passed by Congress, and the rule would override state gun laws. They noted that state laws include requirements like firearms safety courses, background searches, and mental health history checks, which would be bypassed if the rule change were implemented.

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 tools needed to prevent and investigate gun crime.