On January 15, 2026, the U.S. Department of Justice Office of Legal Counsel issued a formal opinion concluding that the federal ban on mailing handguns through the U.S. Postal Service is unconstitutional as applied to constitutionally protected firearms.

The law in question, 18 U.S.C. § 1715, dates back to 1927 and generally classifies pistols, revolvers, and other concealable firearms as nonmailable through USPS. According to DOJ, enforcing this restriction violates the Second Amendment.

For Federal Firearms Licensees, this opinion has important implications for shipping, compliance, and customer expectations.

What the DOJ Opinion Says

The DOJ Office of Legal Counsel reached several key conclusions:

• The USPS handgun mailing ban in 18 U.S.C. § 1715 is unconstitutional as applied to constitutionally protected firearms, including handguns
• The Department of Justice may not enforce this statute against protected firearms
• DOJ should cease prosecutions based on this law for protected firearms
• The U.S. Postal Service should update its regulations to align with this constitutional interpretation

The opinion explains that restricting the ability to mail handguns interferes with lawful self defense, hunting, target shooting, and the lawful acquisition and maintenance of firearms.

Why This Matters to FFLs

Although FFLs already have more shipping options than private individuals, this opinion directly impacts the firearm industry.

The DOJ specifically acknowledged that modern shipping restrictions create significant barriers to lawful firearm commerce. When USPS restrictions combine with private carrier policies that limit shipments to licensed dealers only, the result is a practical shipping ban for many lawful transactions.

This opinion reinforces that firearms are lawful articles of commerce and cannot be treated as prohibited goods simply because they are firearms.

USPS Policy Has Not Changed Yet

It is critical for FFLs to understand that:

• The statute still exists in the U.S. Code
• USPS has not yet updated Publication 52
• Local post offices may still refuse handgun shipments under existing rules

This opinion changes enforcement posture, not day to day USPS operations yet. FFLs should continue following current USPS acceptance rules until official policy updates are issued.

What the Opinion Does Not Change

The DOJ opinion does not eliminate all firearm shipping restrictions.

• Undetectable firearms are treated separately
• USPS is not required to ship ammunition or gunpowder
• State and local laws still apply
• Private carriers can still enforce their own shipping policies

Compliance remains critical.

What FFLs Should Do Now

FFLs should take a cautious, informed approach.

• Continue following current USPS and carrier shipping rules
• Monitor USPS updates to Publication 52
• Prepare staff to answer customer questions
• Stay informed as regulatory changes develop

If USPS updates its regulations, this could create new shipping options that reduce costs and improve logistics for dealers.

Bottom Line

The DOJ Office of Legal Counsel has made its position clear.

The federal USPS handgun mailing ban is unconstitutional as applied to constitutionally protected firearms, and DOJ may not enforce it.

Now the focus shifts to USPS implementation and regulatory updates. FFLs who stay informed and compliant will be best positioned to adapt when changes occur.

Frequently Asked Questions for FFLs

Q: Can FFLs mail handguns through USPS right now?
A: Not yet. USPS policies have not been updated. Continue following current USPS rules until official guidance changes.

Q: Does this opinion apply to rifles and shotguns?
A: The opinion focuses on handguns and other concealable firearms. Long guns are governed by separate USPS rules.

Q: Is this the same as a Supreme Court ruling?
A: No. This is an Office of Legal Counsel opinion that guides federal enforcement but is not a court decision.

Q: Does this force USPS to accept handgun shipments immediately?
A: No. The opinion recommends regulatory changes, but USPS must update its policies before operational changes occur.

Q: Does this affect UPS or FedEx policies?
A: No direct effect. Private carriers can still set their own rules, though the opinion weakens the legal foundation behind government shipping bans.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Always consult qualified legal counsel and current carrier rules before shipping firearms.