Updated May 8, 2026 / CBS/AP
A proposed U.S. Postal Service rule would, for the first time since 1927, permit people to send concealable handguns through the mail if the change is finalized — a move that has drawn opposition from about two dozen Democratic state attorneys general.
Background and proposal
Congress banned the mailing of concealable firearms in 1927 except when shipped by licensed dealers, a restriction intended to reduce crime. In January, the Justice Department’s Office of Legal Counsel concluded that the statute violated the Second Amendment and urged the Postal Service to revise its regulations.
On April 2, USPS published a proposed rule that would allow concealable firearms such as pistols and revolvers to be mailed, bringing them under similar conditions that currently apply to long guns (rifles and shotguns), which may be mailed unloaded and securely packaged. USPS said the proposal was issued to conform with the OLC opinion; the public comment period closed on May 4 and USPS is reviewing submissions.
How the rule would work
Under the draft rule, private sales and transfers of handguns could be completed by mailing the weapon to a recipient within the same state. Cross‑state mailings would be more restricted: the rule would permit a handgun to be mailed across state lines only to its owner (for example, to themselves while traveling) in the custody of another person, with the recipient required to open the package personally. The Justice Department has argued that state-by-state variation in firearm laws has made mail the only viable means in many cases for lawful activities such as hunting, target shooting or personal defense.
State opposition and legal concerns
A coalition of roughly two dozen state attorneys general urged USPS to withdraw the proposal, arguing it would make it easier for people prohibited from possessing guns — including some felons and people with domestic violence convictions — to obtain them and would complicate gun‑crime investigations. The attorneys general said the executive branch cannot simply override a law enacted by Congress and warned the change would circumvent state requirements such as safety courses, background checks and mental‑health screenings.
They also said allowing mailed handguns would shift burdens to state law enforcement, which would need new tracking systems, and would undermine the role of federally licensed firearms dealers (FFLs), who currently verify compliance with state and federal rules and run background checks.
Voices on both sides
Nevada Attorney General Aaron Ford, a Democrat running for governor, said the rule would reverse state efforts to curb gun violence and called it an affront to survivors and law enforcement, referencing Nevada’s response to the 2017 Las Vegas mass shooting.
Gun rights groups praised the proposed change. The National Rifle Association’s lobbying arm called it a victory for lawful gun owners, saying handguns should be shipped under the same safety conditions as long guns. Gun‑safety organizations criticized the move; Everytown for Gun Safety said the rule would turn USPS into a “gun trafficking pipeline” and strip law enforcement of tools to prevent and investigate gun crime.
Private shippers and current practice
Commercial carriers such as UPS and FedEx already restrict gun shipments to shippers holding federal firearms licenses and require special approvals. The USPS proposal would mark a significant shift from the nearly century‑old restriction on mailing concealable firearms and is likely to face legal and political challenges as the government reviews public comments and next steps.