DOJ Declares Century-Old Ban on Mailing Handguns Unconstitutional
by Clive Cummings January 16, 2026 in News, Original
Handgun
The Department of Justice has ruled that a longstanding federal prohibition on sending concealable firearms through the U.S. Postal Service violates the Second Amendment and cannot be enforced. This decision targets a 1927 law that barred mailing items like pistols and revolvers, which the DOJ now deems unenforceable for law-abiding citizens exercising their right to keep and bear arms.
For nearly a century, Section 1715 of Title 18 in the U.S. Code has restricted the shipment of handguns via USPS, forcing gun owners to rely on private carriers or face legal hurdles. The Postal Service defined these as any firearms capable of being hidden on a person, including short-barreled shotguns and rifles. Private companies like UPS and FedEx have their own policies, often prohibiting such shipments altogether, leaving many Americans with limited options for transporting firearms legally.
In a 15-page memorandum released on January 15, 2026, the DOJ’s Office of Legal Counsel concluded that the ban infringes on constitutional protections. Assistant Attorney General T. Elliot Gaiser wrote that the law “makes it difficult to travel with arms for lawful purposes, including self-defense, target shooting, and hunting.”
The opinion further states: “So 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.”
This shift comes amid ongoing legal challenges, including a lawsuit filed by Gun Owners of America (GOA) and Gun Owners Foundation in July 2025. GOA hailed the opinion as a direct response to their case, Shreve v. U.S. Postal Service, where they argued the ban lacked historical basis and suppressed Second Amendment rights.
“When the government enforces a prohibition on guns and gun owners with no historical foundation and no constitutional support—like the USPS ban on mailing handguns—it must be struck down,” said GOA Senior Vice President Erich Pratt in a statement.
While the ban on undetectable firearms remains intact, the DOJ clarified that restrictions on mailing ammunition or gunpowder can stand due to safety concerns for postal workers and facilities. This distinction acknowledges practical risks without undermining core rights. Gun rights advocates see this as a step toward dismantling outdated regulations that have long burdened responsible owners.
Skeptics might view the original 1927 law as part of a broader pattern of incremental government encroachments designed to erode personal freedoms under the guise of public safety. Over the decades, such measures have quietly accumulated, often without scrutiny, raising questions about whether they were ever truly about mail security or more about controlling access to tools of self-reliance.
This ruling could reshape how Americans handle firearm transfers, repairs, and sales across state lines, potentially easing burdens for hunters, collectors, and those in rural areas far from licensed dealers. As the Postal Service updates its rules, gun owners should monitor for compliance changes to avoid any lingering pitfalls.
Overall, the decision marks a restoration of rights that many believe were wrongly curtailed for too long. With the Supreme Court’s Bruen decision as a backdrop, it signals that historical traditions, not modern whims, should guide firearm policies. For those committed to preserving individual liberties, this is a reminder that vigilance pays off.
DOJ Declares Century-Old Ban on Mailing Handguns Unconstitutional by Clive Cummings January 16, 2026 in News, Original Handgun
The Department of Justice has ruled that a longstanding federal prohibition on sending concealable firearms through the U.S. Postal Service violates the Second Amendment and cannot be enforced. This decision targets a 1927 law that barred mailing items like pistols and revolvers, which the DOJ now deems unenforceable for law-abiding citizens exercising their right to keep and bear arms.
For nearly a century, Section 1715 of Title 18 in the U.S. Code has restricted the shipment of handguns via USPS, forcing gun owners to rely on private carriers or face legal hurdles. The Postal Service defined these as any firearms capable of being hidden on a person, including short-barreled shotguns and rifles. Private companies like UPS and FedEx have their own policies, often prohibiting such shipments altogether, leaving many Americans with limited options for transporting firearms legally.
In a 15-page memorandum released on January 15, 2026, the DOJ’s Office of Legal Counsel concluded that the ban infringes on constitutional protections. Assistant Attorney General T. Elliot Gaiser wrote that the law “makes it difficult to travel with arms for lawful purposes, including self-defense, target shooting, and hunting.”
The opinion further states: “So 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.”
This shift comes amid ongoing legal challenges, including a lawsuit filed by Gun Owners of America (GOA) and Gun Owners Foundation in July 2025. GOA hailed the opinion as a direct response to their case, Shreve v. U.S. Postal Service, where they argued the ban lacked historical basis and suppressed Second Amendment rights.
“When the government enforces a prohibition on guns and gun owners with no historical foundation and no constitutional support—like the USPS ban on mailing handguns—it must be struck down,” said GOA Senior Vice President Erich Pratt in a statement.
While the ban on undetectable firearms remains intact, the DOJ clarified that restrictions on mailing ammunition or gunpowder can stand due to safety concerns for postal workers and facilities. This distinction acknowledges practical risks without undermining core rights. Gun rights advocates see this as a step toward dismantling outdated regulations that have long burdened responsible owners.
Skeptics might view the original 1927 law as part of a broader pattern of incremental government encroachments designed to erode personal freedoms under the guise of public safety. Over the decades, such measures have quietly accumulated, often without scrutiny, raising questions about whether they were ever truly about mail security or more about controlling access to tools of self-reliance.
This ruling could reshape how Americans handle firearm transfers, repairs, and sales across state lines, potentially easing burdens for hunters, collectors, and those in rural areas far from licensed dealers. As the Postal Service updates its rules, gun owners should monitor for compliance changes to avoid any lingering pitfalls.
Overall, the decision marks a restoration of rights that many believe were wrongly curtailed for too long. With the Supreme Court’s Bruen decision as a backdrop, it signals that historical traditions, not modern whims, should guide firearm policies. For those committed to preserving individual liberties, this is a reminder that vigilance pays off.