USPS Proposes Allowing Handgun Mailing for First Time in Nearly 100 Years

Handguns could be mailed through the U.S. Postal Service for the first time in nearly 100 years if a proposed rule under the Trump administration takes effect. Democratic attorneys general from two dozen states sent a letter this week opposing the plan.

Congress passed a law in 1927 barring the USPS from mailing concealable firearms unless they came from licensed dealers, aiming to curb crime. In January, the Department of Justice reviewed the law, deemed it unconstitutional and a violation of the Second Amendment, and urged the postal service to update its regulations.

The Justice Department stated that as long as Congress runs 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."

CBS News has reached out to USPS for comment.

Last month, USPS proposed a rule allowing anyone to mail concealable firearms such as pistols and revolvers. The service already permits mailing of long-barreled rifles and shotguns if they are unloaded and securely packaged. Handguns would face similar requirements, the USPS said in a statement. The agency is reviewing public comments, due Monday, before finalizing changes.

USPS deferred to the "judgment" of the Justice Department's Office of Legal Counsel on the lawful scope of the criminal statute and consulted with OLC on the proposed revisions to mailability regulations.

Nevada Attorney General Aaron Ford, a Democrat running for governor, said the change would undo states' efforts to curb gun violence. Nevada saw the deadliest mass shooting in modern U.S. history on Oct. 1, 2017, when a gunman fired from the Mandalay Bay casino hotel in Las Vegas, killing 60 people. The state later required background checks on most private gun sales or 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.

The proposed rules would let people sell and ship guns within state lines. Cross-state mailing would be restricted: people could mail guns only to themselves in care of another and must open them personally. This aims to help travelers take guns to other states for recreation.

The Justice Department said patchwork state gun laws hinder transporting firearms across state lines for target shooting, hunting and self-defense. Mail often serves as the only viable transport method.

Ford and attorneys general from about two dozen states sent a Monday letter urging USPS to drop the rule. They said it would ease access for felons and domestic violence convicts, complicate gun crime investigations and override state laws. The executive branch lacks authority to ignore congressional law, they argued.

State laws mandate firearms safety courses, background checks and mental health reviews through state entities, which the rule would bypass. There would be no guarantee against shipping handguns across state lines to others, they said.

Law enforcement would need new tracking for mailed firearms, straining state budgets, the attorneys general added.

"The Proposed Rule relatedly harms States by providing a readily-accessible mechanism for transfers of firearms that bypass" federal firearms licenses, the letter states. Under current rules, federal firearms licensees handle compliance, including background checks and state law verification.

Private carriers UPS and FedEx limit gun shipments to those with federal firearms licenses like importers, manufacturers, dealers and collectors. FedEx requires shippers with such licenses to get approval through an account executive.

Firearm advocacy groups praised the proposal, while gun safety groups raised concerns.

John Commerford, executive director of the National Rifle Association's lobbying arm, called it a key win for law-abiding 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," he said Wednesday.

John Feinblatt, president of Everytown for Gun Safety, said the change 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."