For the first time in nearly a century, the United States Postal Service may soon allow the mailing of handguns, marking a fundamental shift in how firearms are transported across the country. A proposed rule titled the “Revised Mailing Standards for Firearms,” introduced under the Trump administration, seeks to dismantle a restriction that has been in place since 1927.
The proposal would allow individuals to ship unloaded and securely packaged revolvers and other handguns using the same guidelines that currently apply to shotguns and long-barreled rifles. For decades, the USPS has maintained a strict barrier between long guns and concealable handguns, reflecting a century-old legislative effort to curb urban crime by limiting the ease with which small firearms could be moved through the mail.
The catalyst for this change is a recent legal determination by the Department of Justice. The DOJ has asserted that the 1927 ban on mailing handguns is unconstitutional, arguing that the Second Amendment protects the right of law-abiding citizens to ship constitutionally protected firearms, regardless of whether they are licensed manufacturers or dealers.
The Constitutional Pivot and the 1927 Ban
To understand the magnitude of this proposal, one must look back to the early 20th century. In 1927, Congress passed legislation barring the USPS from transporting concealable firearms unless they were sent by licensed dealers. This was a targeted effort to prevent the clandestine movement of weapons, effectively creating a federal bottleneck that required most handgun transfers to occur in person or through specialized private carriers.
However, the legal landscape surrounding the Second Amendment has shifted dramatically over the last several years. The Justice Department’s current stance is that the government cannot refuse to ship protected firearms to and from law-abiding citizens. By framing the ability to mail a handgun as an extension of the right to possess and transport one, the DOJ has provided the legal scaffolding for the USPS to rewrite its handbook.
The “Revised Mailing Standards for Firearms” is the practical application of this legal theory. If finalized, it would remove the “concealable” distinction that has defined postal firearm policy for 97 years, treating a revolver with the same logistical status as a hunting rifle.
Understanding the Proposed Shipping Rules
The USPS is not proposing a “free-for-all” regarding firearm shipments. The revised rules include specific distinctions based on whether the firearm is staying within a single state or crossing state lines. The administration is attempting to balance Second Amendment interpretations with the need to prevent interstate trafficking.
Under the proposed framework, individuals would be permitted to sell and ship a handgun to another person as long as the transaction remains within state lines. This would significantly simplify private sales for residents of the same state.
The rules become considerably more restrictive for interstate shipments. To prevent the bypassing of state-level gun laws, the proposal stipulates that individuals may only mail a handgun across state lines if they are mailing it to themselves. This must be done “in the care of” another person, and the owner of the firearm is required to be the one to physically open the package upon delivery.
| Shipping Scope | Proposed Handgun Rule | Current Long Gun Rule |
|---|---|---|
| Intra-state (Within State) | Allowed to ship to other individuals | Allowed |
| Inter-state (Across States) | Allowed only to self (c/o another) | Allowed |
| Packaging Requirement | Unloaded and securely packaged | Unloaded and securely packaged |
| Licensing Requirement | No license required for private citizens | No license required for private citizens |
A Legal Firestorm: The Opposition
The proposal has met fierce resistance from a coalition of Democratic attorneys general. Nearly two dozen state legal chiefs have labeled the move “unlawful,” arguing that the USPS is creating a dangerous loophole that could be exploited by criminals and domestic abusers.
Nevada Attorney General Aaron Ford has been one of the most vocal critics, describing the proposal as a “slap in the face” to law enforcement and survivors of gun violence. Ford argues that lowering the barriers to firearm transport inherently increases the risk of weapons falling into the wrong hands, particularly in states already struggling with high rates of gun-related crime.
In California, Attorney General Rob Bonta warned that the rule could allow prohibited individuals to obtain weapons without the oversight of background checks. Because the proposal allows for certain types of private shipping, critics argue it undermines state-level mandates that require all firearm transfers to go through a licensed dealer—a process that ensures a background check is performed via the National Instant Criminal Background Check System (NICS).
The core of the disagreement lies in the interpretation of “law-abiding.” While the DOJ argues the rule protects the rights of legal owners, the attorneys general argue that the postal system lacks the mechanism to verify the status of the sender or receiver in real-time, effectively turning the mail into a blind spot for law enforcement.
What Happens Next
The proposal is currently in the review phase. The public comment period, which allowed citizens, advocacy groups, and legal experts to weigh in on the rule, officially closed on Monday, May 4. USPS spokesperson David Walton has confirmed that the agency is now reviewing these comments before determining the final version of the rule or deciding whether to move forward with its implementation.
Given the intensity of the opposition from state attorneys general, it is highly probable that any final rule will be met with immediate litigation in federal court. The courts will then be tasked with deciding if the 1927 ban truly violates the Second Amendment or if the government has a “compelling interest” in restricting the mailing of concealable weapons for public safety.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Firearm laws vary significantly by state and are subject to federal regulation.
The next critical checkpoint will be the USPS’s official response to the public comment period and the subsequent publication of the final rule in the Federal Register. We will continue to monitor the docket for any legal challenges filed by state attorneys general.
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