DOJ declares 1927 handgun mailing ban unconstitutional

By 
, January 16, 2026

In a landmark move, the Department of Justice has struck down a nearly century-old federal law, opening the door to mailing handguns through the U.S. Postal Service.

On Thursday, the DOJ issued a 15-page opinion declaring the 1927 law, which banned the mailing of concealable firearms like pistols and revolvers, unconstitutional under the Second Amendment.

The ruling specifies that the ban on handguns cannot be enforced, though restrictions remain for items like undetectable firearms, such as pen guns. Additionally, the opinion upholds postal safety rules against mailing ammunition or gunpowder.

This decision comes amid a lawsuit filed last July by a gun rights lobbying group challenging the Postal Service policy, arguing the statute is outdated and rooted in Prohibition-era concerns.

Current Postal Service rules mandate that nonmailable firearms found in the mail must be reported to the United States Postal Inspection Service, with cases referred to U.S. attorneys for prosecution. Private carriers like UPS and FedEx, meanwhile, limit firearm shipping to licensed dealers only.

Second Amendment Rights Take Center Stage

Now, let’s unpack this. The DOJ’s opinion isn’t just a legal footnote; it’s a seismic shift for law-abiding gun owners who’ve long been hamstrung by outdated regulations.

Supporters of the Second Amendment have reason to cheer, as the opinion explicitly states that handguns fall within the core of protected “arms," the Hill reported. It argues that mailing is often the most practical way to transport firearms, citing examples like a traveler unable to carry a gun on a bus from Washington, D.C., to Philadelphia.

“Section 1715 makes it difficult to travel with arms for lawful purposes, including self-defense, target shooting, and hunting,” said T. Elliot Gaiser, assistant attorney general for the Office of Legal Counsel. Well, isn’t that the truth? For too long, bureaucratic red tape has treated lawful citizens like suspects while ignoring practical realities.

Private Carriers and Unlicensed Citizens Blocked

Here’s where it gets frustrating. The DOJ notes that private carriers like UPS and FedEx restrict shipping to licensed dealers, creating what the opinion calls a “complete ban” for unlicensed individuals. This leaves everyday folks with few options to exercise their rights.

“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 DOJ opinion asserts.

If that doesn’t cut through the nonsense of overregulation, what will?

Yet, the Postal Service still draws a line at ammunition and explosives, citing safety concerns for employees and property. Fair enough—safety matters. But when it comes to handguns, the constitutional argument seems airtight.

Balancing Safety with Constitutional Protections

Let’s be clear: this isn’t about turning the mail into a free-for-all. The DOJ opinion maintains bans on undetectable weapons and upholds safety-driven restrictions on dangerous materials. It’s a measured approach, not a reckless one.

Still, the lawsuit pushing this change argues the 1927 law has outlived its relevance, tied to a bygone era of gangsters and speakeasies. That’s hard to dispute when modern challenges—like navigating private carrier rules—make exercising Second Amendment rights a logistical headache.

Look at the broader picture. Rifles and shotguns face no mailing restrictions between licensed dealers, manufacturers, and importers, per Postal Service policy. So why should handguns, a staple of personal protection, be treated as contraband for regular citizens?

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson