Apparently it is now legal for anyone to mail handguns

Core Conclusions​

• § 1715 is unconstitutional as applied to constitutionally protected firearms — specifically handguns and similar arms — because it conflicts with the Second Amendment.
• The Department of Justice may no longer enforce § 1715 against protected firearms, and the Postal Service must revise its regulations accordingly.

Key Legal Points​

• Statutory Background:
  • In 1927, Congress made pistols, revolvers, and other concealable firearms “nonmailable.” This remains codified today at 18 U.S.C. § 1715.
• Second Amendment Framework:
  • The opinion applies the Bruen historical-tradition test for Second Amendment analysis: if a law burdens conduct falling within the Amendment’s scope, the government must show the law is consistent with the nation’s historical tradition of firearm regulation.
• Burden on Second Amendment Rights:
  • § 1715 imposes a substantial burden on core Second Amendment rights by preventing individuals from:
    • shipping firearms to themselves for lawful purposes (e.g., self-defense, hunting, target shooting),
    • receiving firearms by mail, which is an important means of transportation and acquisition.
• Lack of Historical Analogue:
  • In evaluating historical practices, the opinion finds no historical tradition permitting a broad ban on shipping constitutionally protected arms. Analogues cited (e.g., colonial ordinances regulating arms or exports) are not sufficiently similar to justify § 1715 under the Bruen test.
• Purpose of the Statute:
  • § 1715 serves an illegitimate purpose — suppressing traffic in protected arms — and regulates more broadly than necessary, making it inconsistent with historical traditions of firearm regulation.
• Practical Barriers:
  • Because common carriers currently refuse to ship firearms for private citizens, individuals are effectively barred from using postal services to transport or acquire protected weapons. This compounds the burden on Second Amendment rights.
• Implementation Consequences:
  • DOJ concludes that continuing prosecutions under § 1715 for constitutionally protected firearms violates individuals’ rights and cannot be sustained.