USPS Moves to Allow Mailing Handguns After DOJ Says Federal Ban Is Unconstitutional

The Trump Administration via the Office of Legal Counsel (OLC) issued a Memorandum Opinion on January 15, 2026, pertaining to the general ban on the mailing of handguns by use of the Postal Service. The Memorandum declared the federal ban on mailing handguns to be unconstitutional.  This was a significant step to restore rights traditionally protected by the Second Amendment.

Our history is full of famous figures ordering firearms by mail, from Bat Masterson to President Theodore Roosevelt.  In 1927 a federal law banning the sending of handguns through the mail was put into effect. It is widely regarded as the first federal firearms law. The Congressional record of the debate shows the purpose was to prevent black people from circumventing existing state and local handgun bans on the carry of concealed weapons by black men. The Congressional record of the debate was found by esteemed historian Clayton Cramer. From the debate:

 Here we have laid bare the principal cause for the high murder rate in Memphis–the carrying by colored people of a concealed deadly weapon, most often a pistol.  Can we not cope with this situation?

The quote above is from Senator Shields (D-TN), in 1924. It took time for the act to be passed and become law. Senator Shields said the primary purpose was to prevent black people from circumventing state and local bans on the possession and carry of concealed handguns. This was done through the interstate shipping of handguns. Shields asserted that no law abiding citizen had any lawful reason to carry a concealed weapon. The ban only affected the postal service. Private shippers were not banned from shipping handguns.

The current regulation proposed by the Postal Service is designed to bring postal regulations back into conformity with the Constitution, or at least, into conformity with the finding by the OLC Memorandum. Some changes would be as follows:

Definition:

Handgun: a pistol, revolver, or other firearm capable of being concealed on a person. 

Handguns will be included as “Mailable firearms”.  For mailing within a particular state, shipment of handguns will be required to use “Return Service Requested”. Tracking and signature capture at delivery will be required. For mailing to out of state addresses, by those without a Federal Firearms License,  the following is to be required:

 The mailpiece must:
1) Be addressed to the recipient.
2) Include the “in the care of” endorsement immediately preceding the
name of the applicable temporary custodian.
3) Be opened by the recipient.
4) Be mailed using a class of mail, product, or Extra Service that
provides tracking and signature capture at delivery. 

The reform regulation will not go into effect until the comment period has lapsed. The comment period will extend from the time of publication in the Federal Register, which is expected to be on April 2, 2026, and continue for the next 30 days. Comments can be made after the proposed rule is published, at https://federalregister.gov/d/2026-06376. Exactly when the regulation may go into effect is not certain at this time. If this rule is of interest, citizens can affect it through reasoned arguments submitted by comment at the link, when the comment period is opened.

One of the expected results of being able to send handguns through the postal service is a drop in the cost of ordering handguns remotely, through the Internet, telephone, or by mail. The cost of returning handguns to the manufacturer for warranty service should also drop. The cost of sending handguns through non-postal means has sky-rocketed in recent years, along with privacy concerns.

Analysis:

The argument about the utility of concealed weapons has continued to the present time. Those opposed to an armed population claim weapons in the hands of ordinary citizens, especially handguns, serve no useful purpose. Those supporting the reasoning behind the adoption of the Second Amendment claim multiple useful and necessary purposes. Research on the subject is divided. Bans on handguns do not appear to reduce overall homicide rates or suicide rates. Handgun bans appear to motivated for purposes of political power.

The Second Amendment appears clear on the subject. The Supreme Court has issued a definitive opinion in the Bruen decision. The Second Amendment protects the right to be armed in public.

©2026 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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