Justice Department claims ban on mailing concealable firearms is unconstitutional

The opinion claimed that the 1927 law that prohibited Americans from sending guns like pistols and revolvers through USPS violated the Second Amendment. However, the ban on mailing undetectable firearms will remain.

Published: January 15, 2026 10:10pm

The Justice Department determined in an opinion Thursday that a nearly 100-year ban on mailing handguns through the United States Postal Service is unconstitutional and cannot be enforced.

The opinion claimed that the 1927 law that prohibited Americans from sending guns like pistols and revolvers through USPS violated the Second Amendment. However, the ban on mailing undetectable firearms will remain. 

The postal service categorizes “pistols, revolvers, and other firearms capable of being concealed on a person,” including short-barreled shotguns and rifles, as handguns.

“Section 1715 makes it difficult to travel with arms for lawful purposes, including self-defense, target shooting, and hunting,” T. Elliot Gaiser, the assistant attorney general for the Office of Legal Counsel, wrote.

The department said the ban on mailing handguns is not enforceable because the guns "fall within the core of the 'arms' protected by the Second Amendment."

“Consequently, so long as Congress chooses to run 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."

The opinion also noted that the postal service should not be forced to carry ammunition and gunpowder, even though they are constitutionally protected, because restrictions on explosives “serves legitimate postal needs to prevent injury to postal employees and property."

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

The Facts Inside Our Reporter's Notebook

Unlock unlimited access

  • No Ads Within Stories
  • No Autoplay Videos
  • VIP access to exclusive Just the News newsmaker events hosted by John Solomon and his team.
  • Support the investigative reporting and honest news presentation you've come to enjoy from Just the News.
  • Just the News Spotlight

    Support Just the News