For first time in 99 years, USPS considers allowing handguns to be shipped by mail

However, in January, the Department of Justice (DOJ) revisited this statute, declaring it unconstitutional and a violation of the Second Amendment, and urged the postal service to revise its regulations.

The DOJ asserted that "as 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."

Last month, the USPS proposed a new rule that would permit individuals to mail concealable firearms, such as pistols and revolvers.

While the USPS currently handles some firearms like long-barreled rifles and shotguns – provided they are unloaded and securely packaged – similar safeguards would be implemented for handguns, which have significantly evolved since 1927.

The USPS confirmed it is reviewing public comments, which closed Monday, before finalizing any changes.

Nevada Attorney General Aaron Ford, a Democrat campaigning for governor, warned that this rule change would undermine efforts by states like Nevada to combat gun violence.

Nevada tragically experienced the deadliest mass shooting in modern U.S. history on October 1, 2017, when a gunman killed 60 people from the Mandalay Bay casino hotel in Las Vegas. Following this tragedy, Nevada enacted a law mandating state-administered background checks for most private gun sales or transfers.

Ford stated, "Our state has suffered enough, 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."

Under the proposed regulations, an individual could sell and ship a gun to another person within the same state. Shipping across state lines would be more restrictive, allowing individuals to mail a firearm only to themselves, in the care of another person, and requiring them to open it personally.

This provision aims to assist travelers who wish to use a gun for recreational purposes in another state.

The Department of Justice contends that the varied state laws concerning firearms complicate interstate travel for lawful activities such as target shooting, hunting, and self-defense.

It argued that in many instances, individuals lack the means to travel with a firearm, making mail the "only viable method of transportation."

Ford and attorneys general from approximately two dozen other states collectively urged the USPS on Monday to withdraw the proposed rule.

They argue it would facilitate access for individuals legally prohibited from possessing guns, including convicted felons and those with domestic violence records.

They also expressed concerns that it would hinder the investigation of gun crimes, asserting that the executive branch lacks the authority to override a law passed by Congress and that the rule would supersede existing state gun laws.

According to the attorneys general, state laws often include requirements such as firearms safety courses, background checks, and mental health history assessments.

They contend that these requirements, regulated by state entities, would be bypassed if the rule change were implemented, making it impossible to guarantee compliance or prevent handguns from being shipped across state lines to unauthorized individuals.

Law enforcement agencies would also face the burden of creating new tracking systems for firearms mailed via the postal service, placing additional strain on state budgets, the attorneys general added.

Private shipping companies like UPS and FedEx already limit gun shipments to customers holding federal firearms licenses, such as importers, manufacturers, dealers, and collectors. FedEx, for instance, requires licensed shippers to obtain approval through a FedEx account executive, as per its website.

Firearm advocacy groups have welcomed the proposed change, while gun safety organizations have voiced significant concern. John Commerford, executive director of the National Rifle Association of America’s lobbying arm, hailed it as a crucial victory for law-abiding gun owners.

"Thanks to President Trump and his administration, USPS will finally allow these firearms to be shipped under the same commonsense safety conditions as rifles and shotguns," Mr. Commerford said in a Wednesday statement. Conversely, John Feinblatt, president of Everytown for Gun Safety, warned that the rule change would transform the USPS into a "gun trafficking pipeline" for illegal weapons, simultaneously "stripping law enforcement of the tools they need to prevent and investigate gun crime."