The Trump administration is pressing the U.S. Postal Service to overturn a nearly century-old ban on mailing handguns, reigniting a fierce battle over gun rights and public safety that has divided states along partisan lines.
The Justice Department argued in January that a 1927 law prohibiting the USPS from shipping concealable firearms violates the Second Amendment. The department then urged the postal service to scrap its regulations and allow anyone to mail pistols and revolvers, provided they are unloaded and securely packaged like long-barreled rifles and shotguns already permitted through the mail.
In April, the USPS responded by proposing a new rule that would authorize such shipments. The postal service accepted public comments on the proposal through Monday before deciding whether to finalize the change.
The move has triggered immediate resistance. Democratic attorneys general from roughly two dozen states submitted a letter Monday opposing the rule, arguing that it would circumvent state gun laws and create public safety risks. The attorneys general contend that allowing firearms to be mailed would enable people legally barred from possessing guns, including convicted felons and those with domestic violence records, to access weapons while bypassing state safeguards like background checks, safety courses, and mental health evaluations.
Nevada's Attorney General Aaron Ford, who is running for governor, framed the proposal as a direct affront to gun violence survivors. Nevada experienced the deadliest mass shooting in modern U.S. history on October 1, 2017, when a gunman at the Mandalay Bay casino in Las Vegas killed 60 people. Following that tragedy, Nevada enacted laws requiring state-administered background checks on most private gun sales.
"Our state has suffered enough," Ford said in a statement. "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."
The state attorneys general also warned that the rule would make it harder for law enforcement to solve gun crimes and would impose new costs on state agencies forced to create tracking systems for mailed firearms. They argued that the executive branch lacks the authority to ignore a law enacted by Congress.
The Justice Department has countered that the patchwork of state gun regulations makes it difficult for law-abiding citizens to transport firearms across state lines for lawful purposes like hunting, target shooting, and self-defense. The department contends that in many jurisdictions, mailing is the "only viable method of transportation" for such activities.
Under the proposed USPS rules, people could sell and ship handguns to recipients within the same state without federal firearms licenses. Interstate shipments would face stricter limits: individuals could only mail a firearm to themselves, in care of another person who would open it upon their arrival, a mechanism intended to accommodate people traveling to states where they wish to use firearms for recreation.
Private shipping companies have maintained restrictive policies on firearms. UPS and FedEx both limit gun shipments to customers holding federal firearms licenses, such as manufacturers, dealers, importers, and collectors. FedEx requires licensed shippers to work with a company account executive to obtain approval.
The proposed change has drawn sharp responses from opposite sides of the gun debate. The National Rifle Association's lobbying arm, through executive director John Commerford, hailed it as a victory for law-abiding gun owners. Everytown for Gun Safety President John Feinblatt warned that the rule would transform USPS into a "gun trafficking pipeline" for illegal weapons while hampering law enforcement's ability to prevent and investigate gun crimes.
Author James Rodriguez: "The USPS is being thrust into the middle of America's intractable gun divide, and there's no way this doesn't ignite a legal firestorm."
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