C3D
.338 Win Mag
DOJ has issued a binding legal opinion that the 1927 ban on mailing handguns was unconstitutional.
Apparently it is now legal for anyone to mail handguns
- Thread starter C3D
- Start date
C3D
.338 Win Mag
Here is the chatgpt summary:
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.
- § 1715 imposes a substantial burden on core Second Amendment rights by preventing individuals from:
- 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.
Excellent!
In the past FFL Dealers could mail Handguns to other FFL's using Priority Mail (which is not only a bargain, but a whole lot less ass ache than using one of the Commercial Carriers unless you have a pick up account)
Wonder how long it'll take the word to filter down?
In the past FFL Dealers could mail Handguns to other FFL's using Priority Mail (which is not only a bargain, but a whole lot less ass ache than using one of the Commercial Carriers unless you have a pick up account)
Wonder how long it'll take the word to filter down?
Celt
.450/400 Nitro Ex
So, if selling a handgun, we can now ship ourselves directly to an FFL via USPS?
Bigfoot
.475 A&M Magnum
Considering how Hochul the Horrible countered the Bruen decision with the CCIA.
Being a New Yorker, I never get that excited about an apparent 2A win.
Hochul will now ban mail in New York by the end of the month... JK
Being a New Yorker, I never get that excited about an apparent 2A win.
Hochul will now ban mail in New York by the end of the month... JK
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holdover
.475 A&M Magnum
And it only took them almost 100 years to figure it out
The way I'm reading it, yes.
Celt
.450/400 Nitro Ex
Just goes to show how fucked we are.
Its like banning machine guns. Make them impossible to own for most people, then, when they are uncommon, say they should be banned because they are not in common use.
spat
.950 JDJ
Or want to take one on vacation, but don't want to deal with the TSA, you can just mail it to yourself at your destination.
Done it for years, never a problem...knives too!
Robin
.577 Tyrannosaur.
I'm a gonna mail me some cool shit!
Robin
Robin
spat
.950 JDJ
Yea, but now it's legal
JRtraderny
6.5 Creedmoor
Wonder if we'll be able to mail handguns to the manufacturer for repairs and have them mailed back ?
96coal449
.308 Win
That will last only as long as the democrats don't have power.
Once the democrats take over it will be right back.
I'm tired of EOs and "binding legal opinion". Repubs should be scrapping any and all anti-gun laws and enforcing the ones that would have heil hochul arrested for violation of Rights under color of law.
Instead we get b.s. "feel good" crap and unending "investigations" that never go anywhere.
How about Ammo?
And can we CC in a Post Office now ?
And can we CC in a Post Office now ?
Cattafly
.40 S&W
Yes, but in order to be properly received in NY it has to be entered into an FFL's books to be put on a permit. That means it has to be received from someone. going the other way it needs to be sent from an FFL in order for you to get it taked off your permit.
Well there IS a conflict between this OPINION, by the DOJ. and established LAWS, passed by Congress..........
SCOTUS will inevitably rule on this edict, in the same way it rules on the Constitutionality of LAWS passed by Congress...............
Expect appeals to a Fed court soon...................if this stands, I could mail a handgun to Charlies Kirks assassin, with no FFL involved or 4473.............who would know?
SCOTUS will inevitably rule on this edict, in the same way it rules on the Constitutionality of LAWS passed by Congress...............
Expect appeals to a Fed court soon...................if this stands, I could mail a handgun to Charlies Kirks assassin, with no FFL involved or 4473.............who would know?
Cattafly
.40 S&W
There are state laws that need to be dealt with. It's not that easy.
C3D
.338 Win Mag
SCOTUS has already indicated it has no interest in any challenges to the interstate sales provisions of the GCA. So shipping handguns and rifles directly to buyers is unlikely.
spat
.950 JDJ
That would still be illegal for many reasons.
Why should mailing someone a handgun be any different than handing it to them in person ?
Bustedknees
12-gauge slug (smooth bore)
the mail girl is probably happier but also less fit since cases of ammo stopped being sent to my house.
fast ed
22lr
does this mean that if I can mail my registered gun that I have in New York, back and forth to Florida
C3D
.338 Win Mag
Soon. The USPS needs to update the Domestic Mail Manual first. You can still go ahead and mail your gun legally before that, but if it gets lost the post office won’t pay the insurance claim.
Saltwater60
20×102mm Vulcan
You could do that legally anyway. Finding someone to do it is the challenging part.
Honestly look into something with a fire control unit like an sig 365 and just buy an extra fire control unit and travel back and forth with the non serialized parts. Very easy to do and completely legal as long as you watch magazine capacities in NYS.
Shipping a HandGun by UPS seems super expensive .... unless you create a free UPS account. The price then drops dramatically.
At least this was true probably three years ago. I have not shipped a handgun for a while.
At least this was true probably three years ago. I have not shipped a handgun for a while.
As I recall UPS did not allow any marking on the shipping slip nor the box that a firearm was inside.
Of course I might recall wrong.
Of course I might recall wrong.
Packaging and Labeling Requirements for Firearm Products
The shipper must use Delivery Confirmation Adult Signature Required and Direct Delivery Only services for each package containing a Firearm and affix a UPS label requesting an adult signature upon delivery.All Firearm Products must be shipped in new corrugated packaging that meets the UPS Single Wall Box Strength Guidelines.
All Firearm Products must be packaged in accordance with UPS Packaging Guideline Specifications.
Ammunition must be shipped separately from packages that contain Firearms.
The labeling and outer box markings on all Firearm Products shipments must not identify the contents as containing Firearm Products. Labeling, including the shipper's and consignee's abbreviated names on the shipping label or air shipping document, must be non-descriptive.