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USPS Poised to Let Americans Mail Handguns After DOJ Memo

The Postal Service quietly put a big change on the table: a proposed rule to let private citizens mail handguns. The move follows a Justice Department legal opinion that says a 99‑year‑old ban on mailing “concealable” firearms can’t survive the Supreme Court’s new Second Amendment test. The public comment period has closed, the USPS says it is reviewing the feedback, and the political fireworks are just getting started.

What the rule does and why it’s on the table

Earlier this spring the USPS published a Federal Register notice proposing edits to Publication 52. The edits would treat handguns more like long guns for mailing rules — unloaded, properly boxed, and subject to safety checks — instead of an outright ban. That proposal follows a Justice Department Office of Legal Counsel memo that concluded the 1927 law, Section 1715, is unconstitutional as applied to constitutionally protected firearms under the Supreme Court’s Bruen decision. In plain English: the DOJ says the old ban doesn’t line up with today’s Second Amendment law, and the Postal Service is trying to bring its rules into line with that legal view.

Why Democrats and gun‑control groups are screaming

Predictably, a coalition of Democratic state attorneys general, led publicly by Attorney General Rob Bonta of California and Attorney General Kwame Raoul of Illinois, filed formal objections and warned the USPS to back off. Gun‑violence groups also slammed the plan, calling it dangerous and saying it could help traffickers avoid background checks. That’s the political playbook: when the law or the courts don’t go your way, accuse your opponents of wrecking public safety and see who panics first. Meanwhile, gun‑rights groups hailed the OLC memo and the USPS proposal as a sensible correction to an outdated policy.

What’s next — litigation, Congress, and practical limits

The comment window closed and USPS officials say they’re reviewing the submissions. After that the agency can finalize the rule, tweak it, or drop it. If they finalize a rule that effectively implements the OLC view, expect lawsuits from the states arguing the Postal Service can’t rewrite a statute. Expect Congress to posture, too. One other thing reporters often miss: private carriers, state laws, and real world logistics still matter. Major private shippers already limit handgun shipments by unlicensed private parties, and states have a patchwork of rules. So even if the USPS changes Publication 52, the real world won’t instantly look like a Wild West mailroom.

Bottom line: follow the law, not the headlines

Americans who respect the law shouldn’t be treated like suspects because a statute from the Roaring Twenties happens to be on the books. If the Supreme Court’s test makes the old ban unsalvageable, the executive branch is right to adjust agency rules to avoid unconstitutional enforcement — and Congress should either fix the statute or accept the new legal reality. The political outrage machine will howl, lawyers will sue, and cable TV will sell outrage by the minute. Meanwhile, most citizens will go on living their lives, lawfully owning and sometimes transporting firearms. If opponents want certainty, they should put down the press releases and do what the law already allows: legislate.

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