LAS VEGAS — The United States Postal Service last month proposed a federal rule that would allow individuals to mail concealable handguns for the first time since 1927. The proposal would permit anyone to send pistols and revolvers through the mail, reclassifying them as mailable firearms subject to the same requirements that apply to long-barreled rifles and shotguns, which must be shipped unloaded and securely packaged.
In 1927, Congress passed a law barring the USPS from mailing concealable firearms unless they were sent by licensed dealers. In January, the Department of Justice revisited that statute, called it unconstitutional, argued that it violated the Second Amendment and urged the Postal Service to change its regulations.
"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 Department of Justice said. The department also argued that state laws make it difficult to take firearms across state lines for lawful purposes such as target shooting, hunting and self-defense, and said that in many cases, people have no ability to travel with a firearm, making mail the "only viable method of transportation."
Under the proposed rules, a seller could ship a gun to a person within state lines. For shipments across state lines, the rules would require people to mail the gun only to themselves in the care of another person and to open it themselves. The USPS said it deferred to the judgment of the Justice Department's Office of Legal Counsel and worked in consultation with the office to develop the proposed revisions, and that it is reviewing public comments before making final changes.
"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," said John Commerford, executive director of the National Rifle Association's lobbying arm. A coalition of 22 state attorneys general submitted a comment letter to the Postal Service outlining opposition to the proposed rule. The attorneys general said state requirements such as firearms safety courses, background searches and mental health history checks are regulated through state entities that the proposed rule would bypass, and that law enforcement will have to create a new tracking structure to account for firearms mailed through the postal service, placing additional burdens on state budgets.
"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," said John Feinblatt, president of Everytown for Gun Safety.
Private companies including UPS and FedEx restrict gun shipments to customers with federal firearms licenses. FedEx requires shippers with such a license to work with a FedEx account executive to obtain approval.
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