BY MOFreePress
A nearly century-old federal restriction that barred Americans from mailing handguns through the U.S. Postal Service is no longer being enforced by the U.S. Department of Justice, marking a significant shift in federal firearm policy and reopening long-standing questions about constitutional limits on government power.
The restriction, enacted by Congress in 1927 and codified at 18 U.S.C. § 1715, classified pistols, revolvers, and other concealable firearms as “nonmailable matter.” For decades, that statute was enforced through USPS regulations, making it a federal crime for most private citizens to ship handguns through the mail. Limited exceptions existed for licensed firearm dealers, manufacturers, and government agencies, while rifles and shotguns were governed by separate postal rules.
That legal framework remained in place through major changes in firearms law and technology, surviving well into the modern era despite growing constitutional challenges to gun regulations nationwide.
The issue resurfaced in July 2025, when Gun Owners of America, the Gun Owners Foundation, and an individual plaintiff filed a federal lawsuit challenging the handgun mailing ban. The suit argued that the law criminalized ordinary, lawful conduct protected by the Second Amendment and could not be justified under current constitutional standards.
While that case remains pending, the Department of Justice conducted its own internal review. On January 15, 2026, the Justice Department’s Office of Legal Counsel issued a formal opinion concluding that the federal prohibition on mailing concealable firearms violates the Second Amendment and may not be enforced against law-abiding citizens.
The opinion stated that handguns are clearly protected “arms” under the Constitution and that no historical tradition supports a blanket ban on their shipment through the mail. As a result, the DOJ directed the executive branch to cease enforcement of the statute as applied to constitutionally protected firearms and advised the U.S. Postal Service to revise its regulations accordingly.
The opinion does not repeal the law, nor does it stem from a court ruling. Congress has not amended or removed the statute, and USPS has not yet finalized changes to its internal mailing rules. Ammunition and explosives remain prohibited in the mail under separate safety regulations.
Until regulatory updates are formally issued, the statute remains on the books, even as federal prosecutors have been instructed not to bring charges under it.
MOFreePress Editorial Position
At MOFreePress, we view this development as a measured and necessary correction to an outdated federal restriction that had long outlived its original justification.
For nearly 100 years, Americans were subject to criminal penalties under a law passed in a vastly different era — one that predated modern constitutional standards, modern transportation, and modern interpretations of individual rights. The Justice Department’s decision to halt enforcement acknowledges a fundamental principle: constitutional rights do not disappear for the sake of administrative convenience.
This shift does not eliminate safety laws, does not legalize ammunition shipments, and does not remove state-level firearm regulations. What it does is recognize that broad, categorical bans imposed without historical grounding undermine public trust and erode civil liberties.
Restoring freedoms does not require abandoning responsibility. It requires aligning government power with constitutional limits. In that respect, the Justice Department’s decision represents a step toward recalibrating that balance — and toward returning lawful authority to the people rather than preserving restrictions simply because they are old.
MOFreePress will continue to monitor how USPS implements these changes and whether Congress or the courts take further action. As always, we remain committed to holding power accountable — regardless of which institution wields it.