A Major Win for Second Amendment Rights
In a significant development for firearm owners and Federal Firearms License (FFL) holders, the Department of Justice (DOJ) has ruled that a nearly century-old ban on mailing concealable firearms through the U.S. Postal Service (USPS) is unconstitutional and unenforceable. Released on January 15, 2026, the 15-page opinion from the DOJ's Office of Legal Counsel (OLC) concludes that 18 U.S.C. § 1715 violates the Second Amendment as applied to constitutionally protected firearms like handguns.The Hill
This ruling comes amid heightened scrutiny of firearm regulations post the Supreme Court's New York State Rifle & Pistol Association v. Bruen decision, emphasizing historical tradition in gun laws. For FFL dealers using platforms like Firearm Cart, this could streamline compliance in shipping practices, though private carriers' policies remain unchanged.
Background on the 1927 Law
Enacted in 1927 during the Prohibition era, 18 U.S.C. § 1715 declared "pistols, revolvers, and other firearms capable of being concealed on the person" as nonmailable matter. Violators face fines up to $1,000 or two years imprisonment. USPS policies categorize short-barreled shotguns and rifles similarly, mandating reporting of found firearms to the Postal Inspection Service for prosecution.The Hill
Exceptions exist for shipments between licensed manufacturers, dealers, and importers. Notably, rifles and shotguns have long been mailable between FFLs, but handguns were off-limits for individuals, forcing reliance on private carriers like UPS or FedEx—which restrict non-FFL shipments entirely.The Reload
The DOJ's Legal Reasoning
Authored by T. Elliot Gaiser, Assistant Attorney General for OLC, the opinion applies the Bruen test: regulations must align with the nation's historical firearm tradition. It finds § 1715 substantially burdens Second Amendment rights by hindering travel with arms for self-defense, hunting, and target shooting, as well as commerce in firearms.
"Section 1715 makes it difficult to travel with arms for lawful purposes, including self-defense, target shooting, and hunting. The statute also imposes significant barriers to shipping constitutionally protected firearms as articles of commerce."DOJ OLC Opinion
Handguns, as "arms in common use," fall at the Second Amendment's core per District of Columbia v. Heller. No historical analogues justify suppressing their transport via mail—the primary option when buses, airlines, or interstate travel prohibits carry. The law's original intent to curb handgun proliferation is illegitimate post-Heller.DOJ OLC Opinion
The ruling is "as applied" to protected firearms; it upholds bans on undetectable guns (e.g., pen guns) and allows USPS to restrict ammunition for safety, akin to explosives rules.
GOA Lawsuit Sparks the Change
Gun Owners of America (GOA) and Gun Owners Foundation sued USPS in July 2025 (Shreve v. U.S. Postal Serv.), arguing the ban's Prohibition-era roots are obsolete. The DOJ opinion responds directly, directing USPS to update regulations and stating the Department won't enforce against law-abiding citizens shipping handguns.GOA
GOA's Erich Pratt hailed it as a "rebuke to federal overreach," easing burdensome FFL workarounds for everyday shipments.
Implications for FFL Dealers and Gun Enthusiasts
For FFLs on compliance-first platforms like Firearm Cart, this opens USPS as a viable, cost-effective option for handgun shipments to individuals—not just dealer-to-dealer. Previously, non-FFL mailings were criminalized, complicating transfers, loans, or personal transport.
Individuals can now potentially mail handguns directly for lawful purposes, reducing fees and delays. However, USPS must first revise Publication 52 policies, and private carriers (FedEx, UPS) maintain restrictions. Firearm Cart users should monitor ATF guidance and ensure ATF Form 4473 compliance for interstate transfers.The ReloadAmerica's 1st Freedom
This non-enforcement stance binds the Executive Branch but invites congressional or judicial review. Until formalized, caution prevails—but it's a clear Second Amendment victory.
What's Next?
As USPS adapts, FFLs should update shipping protocols. Firearm Cart's compliance tools help navigate this evolution. Stay tuned for ATF clarifications. This ruling reaffirms that so long as Congress runs a parcel service, it can't deny shipping protected arms to law-abiding citizens.DOJ OLC Opinion
