On January 15, 2026, the Department of Justice Office of Legal Counsel issued a memorandum opinion stating that a federal law prohibiting people from mailing handguns and other concealable firearms through the U.S. Postal Service — enacted in 1927 — is unconstitutional and should no longer be enforced. The opinion also recommends that the USPS “modify its regulations to conform with this opinion.”
The move is the latest attempt by the Trump administration to chip away at federal gun laws and appease gun groups, who were quick to celebrate the opinion. If the USPS follows suit, it will be significantly easier for Americans to mail handguns across state lines — and for gun traffickers and others prohibited from owning firearms to obtain them.
The DOJ’s Opinion on Mailing Handguns
Currently, federal law allows people to mail rifles and shotguns to others within their state, or to a Federal Firearms Licensee (FFL) — in other words, a federally licensed gun manufacturer, importer, or dealer — in another state. Those who wish to ship handguns and other concealable firearms must use common carriers, such as FedEx or UPS, who only accept firearms from FFLs with shipping agreements. In this way, it’s easier for the carriers to secure and keep track of firearm shipments, and FFLs are required to run a background check on whoever picks up the firearm to ensure that they can legally possess it. The FFL must also log the gun in their inventory records to help with crime gun tracing, as discussed here.
But the DOJ opinion, written by Assistant Attorney General T. Elliot Gaiser, paints a very different portrait. Gaiser states that although the 1927 statute “does not prohibit the shipment of concealable firearms by private companies, major express services currently forbid all persons from shipping firearms, except for some [FFLs] that have private shipping agreements. Thus, unlicensed private citizens face a complete ban on shipping concealable firearms, even though handguns are among the core ‘arms’ protected by the Second Amendment.”
Is it really a “complete ban”? As mentioned, gun owners can and do ship handguns through FFLs. In fact, one service operated by Bud’s Gun Shop says that it has helped over 1 million customers connect with FFLs to ship over 2.5 million guns. This isn’t a ban, but rather a system that ensures a criminal background check is complete before guns are transferred.
In that same vein, the U.S. has roughly 75,000 FFLs licensed to deal in firearms, and most likely already have shipping agreements with FedEx or UPS in order to receive firearms from manufacturers, wholesalers, and other FFLs to maintain their inventories. (Only FedEx and UPS know how many agreements they have with FFLs.)
Gaiser states that the 1927 statute “violates the Second Amendment” because it “makes it difficult to travel with arms for lawful purposes, including self-defense, target shooting, and hunting” and “interferes with citizens’ incidental rights to acquire and maintain arms.” Gaiser concludes that the Executive Branch cannot enforce the 1927 statute — or prosecute those who attempt to mail handguns via the USPS — and that “the Postal Service should modify its regulations to conform with the scope of the Second Amendment as described in this opinion.”
real-world consequences
With this DOJ opinion, the Trump administration is undercutting not only the 1927 statute, but also the Gun Control Act of 1968, which banned mail-order gun sales, and opening up a new gun trafficking channel. Whether or not the USPS adopts new regulations that allow people to mail handguns, the administration has created serious risks that traffickers, straw purchasers, and others prohibited from possessing firearms will ship and receive them via the mail — skipping background checks and avoiding paper trails that allow police to trace guns recovered at crime scenes — without risk of prosecution.
After this change, it will remain illegal for people with felonies or domestic violence convictions to receive firearms, but suddenly it will become extremely easy to evade the law and avoid detection simply by dropping off a package at the post office. Most Americans live in states that require background checks for all gun buyers, but this USPS change will undermine those protections.
Criminals could also try to steal firearms from the mail and rob postal workers, putting them at greater risk.
Despite these dangers, gun groups were quick to celebrate the DOJ opinion, including Gun Owners of America (GOA), which filed a lawsuit challenging the 1927 statute last summer. GOA Senior Vice President Erich Pratt said the DOJ opinion “is a direct rebuke to decades of federal overreach that has unlawfully restricted Americans’ ability to acquire, maintain, and transport their firearms.”
The National Rifle Association called the DOJ opinion “a monumental development for gun owners” and “the latest in a litany of important steps that the Trump administration has taken to protect Second Amendment rights.” The NRA also urged the USPS to “take swift action to comply with [the DOJ] findings” and examine the ban on carrying guns at post offices.