The Department of Justice’s Office of Legal Counsel (OLC), under Assistant Attorney General T. Elliot Gaiser, has issued a memorandum opinion stating that the federal law prohibiting the mailing of concealable firearms, 18 U.S.C. § 1715, is unconstitutional when applied to protected arms such as handguns.
This memorandum applies the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen to firearm shipments via the U.S. Postal Service. The law in question, enacted in 1927, made it illegal for private citizens to mail pistols, revolvers, and other concealable firearms except under limited circumstances for government officials and licensed dealers. The original purpose was to prevent mail-order handgun sales that bypassed state and local regulations.
The OLC opinion argues that this restriction violates the Second Amendment. According to the memorandum: “Handguns… are ‘among the core ‘arms’ protected’ by the amendment,” referencing District of Columbia v. Heller and McDonald v. Chicago. The Bruen framework requires gun regulations to be consistent with historical traditions of firearm regulation.
The opinion states that § 1715 places an undue burden on the right to keep and bear arms for lawful purposes such as self-defense, hunting, and target shooting. It also notes practical difficulties for travelers who cannot legally transport firearms through certain jurisdictions or use buses that do not allow firearms as baggage; mailing may be their only option but is blocked by both private carrier policies and § 1715.
Further, the law is said to interfere with related rights necessary for exercising Second Amendment protections—such as acquiring or repairing firearms—by preventing individuals from receiving guns by mail from family members or sending them directly to gunsmiths without involving a federal firearms licensee.
Most importantly, the OLC finds that § 1715’s original intent—to suppress traffic in concealable firearms—is no longer valid since current legal precedent recognizes handguns as protected weapons for self-defense.
“No historical tradition broadly supports prohibiting the shipment of protected arms among law-abiding citizens,” according to the OLC opinion. Restrictions from colonial times targeted hostile threats or wartime exports rather than private interstate commerce.
The opinion clarifies its limits: it does not apply to non-protected items like privately manufactured firearms nor require mailing ammunition due to safety concerns rooted in historical analogues. However, because USPS allows handgun mailing for federal firearms licensees (FFLs), it cannot bar private citizens while providing this service.
Citing longstanding precedent on executive authority regarding unconstitutional statutes, the OLC advises DOJ to stop prosecuting cases under § 1715 involving protected firearms and urges USPS to revise its Publication 52 accordingly.
The opinion also references Shreve v. U.S. Postal Service—a pending case challenging § 1715—stating that waiting for litigation would leave constitutional rights at risk.
If implemented by DOJ and USPS, this development could allow private citizens to mail handguns directly within existing state laws and postal safety rules, potentially eliminating some requirements for FFL transfers. Congress could repeal or amend § 1715 through legislation such as H.R. 3033 or await further court decisions like Shreve.
Buckeye Firearms Association is a grassroots organization focused on defending firearm rights in Ohio through legislative alerts, news updates on gun-related laws and politics, training information, events coverage, and advocacy efforts centered on legal pursuits including self-defense and recreation (official website).
“Handguns… are ‘among the core ‘arms’ protected’ by the amendment,” states the OLC opinion.
“No historical tradition broadly supports prohibiting the shipment of protected arms among law-abiding citizens,” according to the OLC opinion.
