SouthernWorldwide.com – A recent proposal from the U.S. Postal Service (USPS) could permit the mailing of handguns for the first time since 1927. This potential change has drawn significant opposition, with Democratic attorneys general from two dozen states voicing their concerns.
The current restriction dates back to a 1927 law passed by Congress. This legislation prohibited the USPS from mailing concealable firearms, with the exception of those sent by licensed dealers, in an effort to combat rising crime rates. However, in January, the Department of Justice reviewed this law.
The Department of Justice declared the 1927 law unconstitutional, asserting that it infringes upon Second Amendment rights. They recommended that the postal service revise its regulations accordingly.
According to the Justice Department’s stance, as long as Congress maintains the operation of a parcel service, the Second Amendment prevents it from denying the shipment of constitutionally protected firearms. This applies to shipments between law-abiding citizens, even if they are not licensed manufacturers or dealers.
CBS News has sought comment from the USPS regarding this matter. The postal service is currently reviewing public feedback on the proposed rule. The deadline for these comments was Monday.
Last month, the USPS put forth a new rule that, if enacted, would allow any individual to mail concealable firearms such as pistols and revolvers. Currently, the USPS permits the mailing of certain firearms, including long-barreled rifles and shotguns, provided they are unloaded and securely packaged.
The proposed regulations would extend similar protections to handguns. The USPS acknowledged that it has deferred to the judgment of the Justice Department’s Office of Legal Counsel regarding the lawful scope of the statute. They have been working in consultation with the OLC to develop these proposed revisions to their mailability regulations.
Nevada Attorney General Aaron Ford, a Democrat who is currently running for governor, expressed his strong disapproval of the proposed change. He stated that the rule modification would undermine the efforts states like Nevada have made to reduce gun violence.
Nevada was the site of the deadliest mass shooting in modern U.S. history. On October 1, 2017, a gunman opened fire from the Mandalay Bay hotel in Las Vegas, resulting in 60 fatalities. Following this tragedy, Nevada enacted a law requiring state-administered background checks for most private gun sales or transfers.
“Our state has suffered enough, and to suggest we make it easier for criminals and abusers to access firearms is a slap in the face to gun violence survivors and law enforcement,” Ford stated in a press release.
Under the proposed rules, individuals would be permitted to sell and ship a gun to another person within the same state. The regulations are more restrictive for mailing guns across state lines. In such cases, individuals could only mail a firearm to themselves, under the care of another person, and would be required to open it themselves.
This provision is intended to assist individuals who are traveling to another state and may wish to use a firearm for recreational purposes. The Justice Department contends that the complex network of state laws governing firearms makes it challenging to transport them across state lines for lawful activities like target shooting, hunting, and self-defense.
They further argue that in many instances, individuals lack the ability to travel with a firearm, rendering mail the “only viable method of transportation.”
Ford, along with other attorneys general from approximately two dozen states, submitted a letter on Monday. In this letter, they urged the USPS to withdraw the proposed rule, citing concerns that it would facilitate access to firearms for individuals prohibited from possessing them, such as those with felony convictions or a history of domestic violence.
They also expressed apprehension that the rule change would impede efforts to solve gun crimes. The attorneys general asserted that the executive branch lacks the authority to disregard a law enacted by Congress and that the proposed rule would override existing state gun laws.
The attorneys general highlighted that state laws typically include requirements such as firearms safety courses, background checks, and mental health history evaluations. These requirements are managed by state entities, which they argued would be bypassed if the rule change were implemented.
They expressed concern that there would be no mechanism to ensure compliance with these regulations, especially for individuals shipping handguns across state lines to another person. Furthermore, they noted that law enforcement would need to develop a new tracking system for firearms mailed through the postal service, which would impose additional financial burdens on state budgets.
“The Proposed Rule relatedly harms States by providing a readily-accessible mechanism for transfers of firearms that bypass” federal firearms licenses, the letter reads. “Under the status quo, FFLs shoulder the burden of confirming compliance with state and federal law — including by referring each transferee for a background check and verifying that state law allows such transferee to own the particular weapon mailed.”
Private shipping companies, including UPS and FedEx, also impose restrictions on gun shipments. They generally limit such shipments to customers holding federal firearms licenses, such as importers, manufacturers, dealers, and collectors. FedEx, for instance, requires shippers with a federal firearms license to engage with a FedEx account executive to obtain approval, as indicated on the company’s website.
Firearm advocacy groups have welcomed the proposed change, while gun safety organizations have voiced their concerns. John Commerford, executive director of the lobbying arm of the National Rifle Association of America, described the proposal as a significant victory for law-abiding gun owners.
“Thanks to President Trump and his administration, USPS will finally allow these firearms to be shipped under the same commonsense safety conditions as rifles and shotguns,” Commerford said in a statement released on Wednesday.
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Conversely, John Feinblatt, president of Everytown for Gun Safety, expressed a different perspective. He stated that the rule change would transform the USPS into a “gun trafficking pipeline” for illegal weapons, while simultaneously removing essential tools for law enforcement to prevent and investigate gun crime.
