The U.S. Postal Service is proposing to expand the types of guns that can be legally shipped through the mail, following a recent legal opinion from the Department of Justice that calls into question long-established federal restrictions.
In a proposed rule scheduled for publication in the Federal Register on Thursday, the agency said it plans to revise its mailing standards to align with guidance from the DOJ's Office of Legal Counsel.
The opinion concluded that a federal law barring the mailing of concealable firearms, including handguns, is unconstitutional when applied to weapons protected under the Second Amendment.
The change would mark a significant shift in postal policy. Under current rules, handguns are generally nonmailable except in limited circumstances.
The proposed revisions would allow lawful handguns to be shipped under similar conditions as rifles and shotguns, provided they meet strict requirements such as being unloaded and properly packaged.
Postal officials said the agency is deferring to the Justice Department's legal interpretation and worked in consultation with federal attorneys to draft the updated standards.
The revisions would amend Publication 52, which governs hazardous, restricted, and perishable mail and is incorporated into federal mailing regulations.
Despite the expanded eligibility, several safeguards would remain in place.
Firearms deemed unlawful, such as machine guns and certain modified weapons, would continue to be prohibited from mailing.
In addition, mailers must comply with all applicable federal, state, and local laws, including the Gun Control Act, and may be required to certify that guns are unloaded.
The proposal also maintains restrictions on how guns can be shipped. Packages cannot bear markings indicating their contents, and most shipments must include tracking and signature confirmation upon delivery.
Transactions involving federally licensed gun dealers would remain largely unrestricted, while nonlicensed sellers would still face conditions on interstate shipments.
Certain exceptions would continue for law enforcement and government use.
Authorized personnel, including military officers and federal agents, could mail otherwise restricted handguns under specific conditions, such as filing required affidavits verifying official use.
The Postal Service is accepting public comments on the proposal for 30 days following its publication.
Officials said feedback should focus on the clarity and usability of the new rules, rather than the underlying constitutional questions addressed by the Justice Department.
If approved, the changes could significantly alter how guns are transported nationwide, bringing postal regulations in line with a broader interpretation of Second Amendment rights, while still attempting to thread the needle between access and oversight.
Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
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