USPS considers allowing people to ship handguns through the mail | US Postal Service
If the proposed Trump administration rule goes into effect, handguns could be mailed through the United States Postal Service (USPS) for the first time in nearly 100 years.
Democratic attorneys general in two dozen states sent letters of opposition.
In 1927, in an effort to prevent crime, Congress passed a law that prohibited the USPS from shipping concealable firearms unless they were from licensed dealers. The U.S. justice department in January reviewed the 1927 law, saying it was unconstitutional and violated the second amendment to the federal constitution, which provides Americans with the right to bear arms.
The Department of Justice therefore called on the postal service to change its regulations. And as long as Congress chooses to carry out the takeaway, he said, the second amendment “prevents it from refusing to ship constitutionally protected firearms to law-abiding citizens even if they are not licensed manufacturers or dealers.”
In April, the USPS proposed a new rule that would allow anyone to mail concealable firearms like handguns and revolvers. USPS currently allows some firearms, such as long-barreled rifles and shotguns, to be shipped in the mail, but they must be unloaded and packaged securely. Similar protections will apply to handguns developed since 1927. USPS said in a statement that it was reviewing public comments due Monday before making final changes.
Nevada attorney general Aaron Ford, a Democrat running for governor, said the rule change would undo work states have done to prevent gun violence. Nevada suffered the deadliest mass shooting in modern U.S. history on October 1, 2017, when a gunman opened fire at the Mandalay Bay casino hotel in Las Vegas, killing 60 people. Following the shooting, Nevada passed a law requiring state background checks on most private gun sales or transfers.
“Our state has suffered enough,” Ford said in a statement. “Suggesting that 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 rules, someone could sell and ship a gun to a person within state lines. Rules for mailing guns across state lines are stricter; people can only mail guns to themselves under the supervision of another person and must open the guns themselves. This is designed to assist people traveling to another state where they may want to use guns recreationally.
The Justice Department argues that the patchwork of state laws regarding guns makes it difficult to transport guns across state lines for lawful purposes such as target shooting, hunting and self-defense. He said in many cases people do not have the ability to travel with a firearm, making mail “the only viable method of transportation.”
Ford and other attorneys general in nearly two dozen states sent a letter Monday urging the USPS to withdraw the proposed rule, saying it would make it easier for people who cannot legally own guns — such as people convicted of felonies or domestic violence — to access them. They also said it would make gun crimes harder to solve. They said the executive branch does not have the authority to ignore a law passed by Congress and that the rule would override the state’s gun laws.
State laws include requirements such as firearm safety courses, background checks and mental health background checks, according to the attorney general. Officials argued that these requirements were issued by government agencies and would be bypassed if the rule change were implemented. They argued that there would be no way to guarantee that someone was following the rules and not sending a gun across state lines to another person.
The attorney general said law enforcement would need to create a new tracking structure to account for firearms sent through the mail, which would put an additional burden on state budgets.
Private companies such as UPS and FedEx also restrict gun shipments to customers with federal firearms licenses, such as importers, manufacturers, dealers and collectors. FedEx requires shippers with a federal firearms license to work with a FedEx account manager to obtain approval, according to the company’s website.
While firearm advocacy groups applauded the proposed change, gun safety organizations expressed concerns.
John Commerford, executive director of America’s National Rifle Association’s lobbying arm, called it a significant victory for law-abiding gun owners.
John Feinblatt, president of Everytown for Gun Safety, said the rule change would turn the USPS into a “gun smuggling hotline” for illegal guns and “eliminate the tools law enforcement needs to prevent and investigate gun crimes.”
