The Department of Justice’s Office of Legal Counsel has officially declared that the long-standing federal ban on mailing concealable firearms is unconstitutional. This landmark opinion concludes that 18 U.S.C. § 1715 fails the historical test required by the Second Amendment and directs the Postal Service to stop enforcing these restrictions against law-abiding citizens.
Disclaimer: The following information is provided for educational and informational purposes only and does not constitute legal advice. While the Department of Justice has issued a memorandum regarding the constitutionality of 18 U.S.C. § 1715, firearm laws are complex, subject to frequent changes, and vary significantly by state and local jurisdiction. You should not act upon this information without first verifying the current United States Postal Service regulations and seeking the counsel of a licensed attorney in your area. The author and website disclaim any and all liability for legal consequences, personal injury, or property damage resulting from the use or misuse of the information contained in this article.
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WASHINGTON, D.C. (5-minute read) — In a monumental shift for American firearm owners, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum on January 15, 2026, declaring that the federal law prohibiting the mailing of handguns is unconstitutional. The statute in question, 18 U.S.C. § 1715, has stood since 1927, but the OLC has now determined that it serves an illegitimate purpose and lacks any historical foundation in the Nation’s tradition of firearm regulation.
This decision comes in the wake of the Shreve v. U.S. Postal Serv. lawsuit filed by Gun Owners of America (GOA). The OLC’s opinion makes it clear that the government can no longer enforce this ban against citizens who wish to ship or receive firearms for lawful purposes such as self-defense, hunting, or target shooting.
Restoring Constitutional Rights to the Mail Stream
For nearly a century, unlicensed citizens were forced into expensive workarounds, often having to pay multiple Federal Firearms License (FFL) fees just to transport their own property for repairs or travel. The OLC noted that these barriers “unduly chill” the exercise of Second Amendment rights. By applying the “text and history” test established by the Supreme Court in Bruen, the DOJ found that while the government can regulate dangerous explosives, it cannot discriminate against the carriage of constitutionally protected arms.
The memorandum specifically directs the Postal Service to modify its regulations to conform with this new understanding of the law. It also recommends that federal prosecutors cease any criminal enforcement of the statute regarding handguns. This ensures that law-abiding Americans can once again use the most effective means of transporting their personal protection tools across the country without fear of a federal felony.
While the Department of Justice’s Office of Legal Counsel (OLC) has issued a landmark opinion declaring the handgun mailing ban unconstitutional, it is not yet fully legal for ordinary citizens to start shipping handguns via the USPS today.
Here is the current legal and practical status as of January 2026:
The Legal Ruling vs. Current Reality
- The OLC Opinion: The DOJ has officially concluded that 18 U.S.C. § 1715, the law used to ban the mailing of handguns, violates the Second Amendment as applied to constitutionally protected firearms.
- DOJ Enforcement: The DOJ has been directed to cease criminal prosecutions against law-abiding citizens who use the mail for shipping handguns for lawful purposes, such as self-defense or repairs.
- USPS Regulations: The OLC specifically directed the Postal Service to modify its internal regulations to align with this new ruling. Until those official USPS policy changes are finalized and published in their mailing manuals, the Post Office may still technically refuse these packages at the counter.
What You Can Ship Right Now
- Long Guns (Rifles/Shotguns): These remain mailable by non-licensees to residents of their own state or to FFL holders in any state.
- Handguns (Pistols/Revolvers): While the DOJ will no longer prosecute you, you should wait for the official USPS regulatory update before attempting a shipment to avoid having your package seized as “nonmailable matter” by postal inspectors.
Important Limitations
- Non-Protected Firearms: The OLC opinion does not apply to “undetectable” firearms (like 3D-printed guns with no metal) or “gadget-type” guns (like pen guns), which remain illegal to mail.
- Ammunition: Shipping ammunition via USPS remains strictly prohibited, as it is classified as an explosive hazard.
Safety Tip: Even once the new USPS regulations are fully in place, you must ensure any firearm is shipped completely unloaded and in a secure, unmarked container. Always check both federal and your specific state laws, as this federal ruling does not override state-level restrictions on the transfer or possession of handguns.
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