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Tipsheet

Gun Owners Just Declared War on the Postal Service — And They Just Might Win

AP Photo/Rick Bowmer

Gun rights advocacy groups are suing the United States Postal Service (USPS), the Justice Department, and several government officials over a federal statute barring American citizens from mailing handguns.

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The lawsuit challenges a 1927 law that prohibits those who do not possess a federal firearms license (FFL) from sending handguns to other people through the mail. If the plaintiffs are successful, it could be a significant victory for gun rights.

The plaintiffs include Gun Owners of America (GOA), the Gun Owners Foundation (GOF), and Bonita Shreve, a woman who sought to send a handgun to her father. 

The lawsuit argues that the restriction criminalizes ordinary, lawful behavior, and violates the Second Amendment. The law states that “Pistols, revolvers, and other firearms capable of being concealed on the person are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service.”

Violating this law is considered a Class E Felony. Those who run afoul of the measure could face a fine of up to $250,000. The lawsuit points out that “It is a felony for ordinary Americans to use the mail to transport the ‘quintessential self-defense weapon’ and ‘the most popular weapon chosen by Americans for self-defense in the home’ and in public.”

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Citing the Supreme Court’s ruling in New York Rifle & Pistol Association v. Bruen, the attorneys point out that “Because the federal ban on the mailing of handguns is incosistent with Founding-era historical tradition, it violates the Second Amendment.”

At the center of the lawsuit is Bonita Shreve, who wished to mail a legally-owned handgun to her father, who lives three hours away from her. She alleges that the USPS is infringing on her Second Amendment rights by not allowing her to mail the firearm.

The Bruen decision mandates that all gun control laws must have a historical precedent from the Founding era. This particular statute was enacted in 1927. The lawsuit points out that the law was “enacted during a time with no other federal controls on the interstate sale or shipment of firearms on the books” and that “At no point did the Founders ever criminalize the mailing of handguns as the challenged statute does now.”

It won’t be easy for the government to defend against this lawsuit. As the plaintiffs clearly articulate, the law barring people from mailing handguns does not pass the Bruen test given that the Founders never imposed such a restriction.

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If the plaintiffs win, it could result in USPS allowing people to mail guns to other people. Even further, it might prompt private carriers like UPS and FedEx to rethink their policies regarding handguns. While the ruling would not compel private entities to allow customers to use their services in this fashion, it might make companies less hesitant to do business with those who want to mail handguns.

Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.

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