Firearm Shipping Ban Falls: What It Means

The Trump administration’s Department of Justice has declared a 99-year-old federal gun restriction unconstitutional, delivering a massive victory for Second Amendment advocates and eliminating barriers that have long hampered lawful firearm commerce.

Story Highlights

  • DOJ declares 1927 USPS handgun mailing ban unconstitutional under Second Amendment
  • Federal enforcement of 18 U.S.C. § 1715 immediately halted by Justice Department
  • Supreme Court’s Bruen decision provides legal foundation for striking down outdated restrictions
  • Firearms dealers and gun owners gain new shipping options for lawful commerce

DOJ Strikes Down Century-Old Postal Service Gun Ban

On January 15, 2026, the Department of Justice Office of Legal Counsel issued a formal opinion declaring that 18 U.S.C. § 1715, which has banned mailing handguns through the U.S. Postal Service since 1927, violates the Second Amendment. Assistant Attorney General T. Elliot Gaiser authored the opinion, concluding the restriction lacks historical precedent and unconstitutionally burdens Americans’ right to bear arms for self-defense, hunting, and lawful commerce.

The DOJ immediately ceased all enforcement of the statute and recommended the Postal Service update its regulations accordingly. This decisive action represents the Trump administration’s commitment to constitutional governance and removing barriers to Second Amendment rights that previous administrations allowed to fester for decades.

Supreme Court’s Bruen Decision Provides Constitutional Framework

The 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen established a new legal standard requiring firearm regulations to align with historical traditions rather than modern policy preferences. Under this text-and-history test, restrictions must demonstrate consistency with America’s founding-era understanding of the Second Amendment to survive constitutional scrutiny.

The OLC opinion found that the 1927 postal ban fails this standard completely, lacking any historical analogue from the founding period. The restriction treated constitutionally protected firearms as presumptively prohibited items, directly conflicting with their status as lawful commerce protected under the Constitution. This analysis reflects proper constitutional interpretation that prioritizes original meaning over progressive policy goals.

Practical Impact on Gun Owners and Dealers

Federal firearms licensees and individual gun owners have long faced significant shipping obstacles due to the postal ban combined with private carriers’ restrictive policies. The elimination of this barrier will ease commerce for dealers and provide new options for Americans traveling with firearms for self-defense or sporting purposes.

Industry experts like Washington Gun Law’s William Kirk called the development “huge news,” predicting additional DOJ actions to review other outdated gun restrictions. The firearms industry stands to benefit from increased shipping efficiency and reduced regulatory burdens that have artificially constrained lawful commerce for nearly a century.

Constitutional Victory Sets Precedent for Future Challenges

This opinion demonstrates how the Bruen framework can invalidate longstanding restrictions without requiring lengthy court battles. The Trump administration’s willingness to proactively review and eliminate unconstitutional gun laws signals a new era of constitutional enforcement that prioritizes individual rights over bureaucratic inertia.

The action reinforces the principle that government restrictions on constitutional rights must meet rigorous historical standards, not merely serve contemporary policy preferences. This approach protects Americans from executive overreach while ensuring federal agencies operate within constitutional boundaries rather than perpetuating violations through administrative momentum.

Sources:

DOJ Says USPS Handgun Mailing Ban is Unconstitutional

DOJ Says the Ban on Mailing Handguns is Unconstitutional

US DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

DOJ Office of Legal Counsel Opinion on 18 U.S.C. § 1715