In a dramatic new chapter of Shreve v. United States Postal Service, a trio of anti-gun states has stepped into the legal fight over the federal ban on mailing handguns. This fight was reignited earlier this year, when the U.S. Department of Justice formally concluded that the nearly 100-year-old prohibition in 18 U.S.C. § 1715 is unconstitutional as applied to constitutionally protected arms.
In January 2026, the Department of Justice’s Office of Legal Counsel (OLC), led by Assistant Attorney General T. Elliot Gaiser, issued a memorandum concluding that the federal statute barring the mailing of pistols, revolvers, and other concealable firearms through the U.S. Postal Service violates the Second Amendment under the Supreme Court’s modern jurisprudence.
Section 1715, originally enacted in 1927 and later amended, generally prohibits mailing “pistols, revolvers, and other firearms capable of being concealed on the person,” with exceptions for military, law enforcement, and certain licensed entities. For decades, it has functioned as a categorical federal ban on ordinary citizens mailing handguns through USPS.
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