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LAS VEGAS (AP) — A new proposal could soon allow handguns to be sent via the United States Postal Service for the first time in almost a century. This move, initiated during the Trump administration, is facing opposition from Democratic attorneys general across 24 states, who have voiced their concerns in a recent letter.
Back in 1927, Congress enacted a law prohibiting the USPS from mailing concealable firearms unless sent by licensed dealers, aiming to reduce crime. However, in January, the Department of Justice revisited this law, deeming it unconstitutional and arguing it infringed upon the Second Amendment. They urged the postal service to amend its regulations accordingly.
The Department of Justice asserted that as long as Congress operates a parcel service, “the Second Amendment prevents it from refusing to transport constitutionally protected firearms to and from law-abiding citizens, even if they are not licensed manufacturers or dealers.”
In response, the USPS proposed a new rule last month that would permit the mailing of concealable firearms, such as pistols and revolvers. Currently, USPS allows the mailing of certain firearms like long-barreled rifles and shotguns, provided they are unloaded and securely packaged. Similar safety measures would be applied to handguns, which have evolved significantly since 1927. The USPS is currently reviewing public feedback, which was due by Monday, before finalizing any changes.
Nevada Attorney General Aaron Ford, a Democrat campaigning for governor, warned that the rule change could undermine efforts by states like Nevada to combat gun violence. Nevada is home to the deadliest mass shooting in modern U.S. history, which occurred on October 1, 2017, when a gunman opened fire from the Mandalay Bay hotel in Las Vegas, resulting in 60 deaths. In the aftermath, 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 said in a statement.
Under the proposed rules, someone could sell and ship a gun to a person within state lines. The rules are tighter for mailing guns across state lines — people could only mail it to themselves in the care of another person and would be required to open it themselves. That’s designed to assist people who are traveling to another state where they might want to use a gun for recreation.
The Department of Justice argues the patchwork of state laws around guns makes it difficult to take them across state lines for lawful purposes like target shooting, hunting and self-defense. It said that in many cases, people have no ability to travel with a firearm, making mail the “only viable method of transportation.”
Ford and other attorneys general in around two dozen states sent a letter Monday urging the USPS to withdraw the proposed rule, saying it will make it easier for people who can’t legally possess guns, like people convicted of felonies or domestic violence, to access them. They also said it’ll make it more difficult to solve gun crimes. They said the executive branch does not have the authority to ignore a law Congress passed and the rule will override state gun laws.
State laws include requirements like firearms safety courses, background searches and mental health history checks, according to the attorneys general. Those requirements are regulated through state entities, which would be bypassed if the rule change would be implemented, they argued. There will be no way to guarantee that someone is following the rules and not shipping a handgun across state lines to another person, they argued.
Law enforcement will have to create a new tracking structure to account for firearms mailed through the postal service, which would place added burdens on state budgets, the attorneys general said.
Private companies like UPS and FedEx also restrict gun shipments to customers with federal firearms licenses, such as importers, manufacturers, dealers and collectors. FedEx requires shippers with a federal firearms license to work with a FedEx account executive to obtain approval, according to the company’s website.
Firearm advocacy groups applauded the proposed change, while gun safety organizations expressed their concern.
John Commerford, executive director of the lobbying arm of the National Rifle Association of America, called it a key 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 Wednesday statement.
John Feinblatt, president of Everytown for Gun Safety, said the rule change will turn USPS into a “gun trafficking pipeline” for illegal weapons “while stripping law enforcement of the tools they need to prevent and investigate gun crime.”