The United States Postal Service (USPS) is considering a rule change that would allow Americans to mail handguns through the postal system for the first time in nearly 100 years.
The move, which has drawn support from gun rights advocates and opposition from Democratic attorneys general across two dozen states, follows a January review by the Department of Justice under the Trump administration.
The Department argued that the 1927 federal law restricting the mailing of concealable firearms is unconstitutional and violates the Second Amendment.
Congress had passed the law in 1927 to prevent concealable firearms from being sent through the mail except by licensed dealers, as part of efforts to curb crime.
The Department of Justice said that as long as Congress operates 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, USPS proposed a new rule that would allow individuals to mail concealable firearms such as pistols and revolvers.
The postal service already permits the shipment of some firearms, including long-barreled rifles and shotguns, provided they are unloaded and securely packaged. Similar conditions would apply to handguns if the proposal is approved.
USPS said it is reviewing public comments, which closed on Monday, before deciding whether to adopt the changes.
Under the proposed rules, individuals would be allowed to sell and ship a handgun to another person within the same state. For interstate shipments, the firearm could only be mailed to the owner in the care of another person, and only the owner would be permitted to open the package.
Officials said the provision is intended to help people traveling to another state for activities such as hunting, recreation or self-defense.
The Department argued that varying state gun laws make it difficult for lawful gun owners to transport firearms across state lines. It said that in some cases, mailing firearms is the “only viable method of transportation.”
The proposal has, however, faced strong opposition from several Democratic attorneys general, including Nevada Attorney General Aaron Ford, who said the rule would weaken efforts to reduce gun violence.
Nevada recorded the deadliest mass shooting in modern U.S. history in 2017 when a gunman opened fire from the Mandalay Bay casino hotel in Las Vegas, killing 60 people. The state later introduced background checks for most private firearm sales and transfers.
“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,” Ford said in a statement.
Ford and attorneys general from around two dozen states sent a letter on Monday urging USPS to withdraw the proposal. They argued that the rule would make it easier for people prohibited from possessing firearms, including convicted felons and domestic abusers, to gain access to guns.
The attorneys general also argued that the executive branch lacks the authority to ignore a law passed by Congress and warned that the proposed changes could override state gun regulations, including mandatory safety training, background checks and mental health screenings.
According to the letter, there would be no reliable way to ensure that firearms are not illegally shipped across state lines to another person.
They also warned that law enforcement agencies would need to develop new tracking systems for mailed firearms, increasing costs for state governments.
Private delivery companies such as UPS and FedEx currently limit firearm shipments to customers with federal firearms licenses, including licensed dealers, manufacturers and collectors.
FedEx also requires licensed firearm shippers to obtain approval through a company account executive.
According to ABC News, Gun rights groups welcomed the proposed changes.
John Commerford, executive director of the lobbying arm of the National Rifle Association of America, described the proposal as a victory for lawful 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,” Commerford said in a Wednesday statement.
Gun safety advocates, however, warned that the move could increase illegal firearm circulation.
John Feinblatt, president of Everytown for Gun Safety, said the proposal would turn USPS into a “gun trafficking pipeline” for illegal weapons “while stripping law enforcement of the tools they need to prevent and investigate gun crime.”
- ABC News