The Postal Service has proposed a new rule that would allow people to mail handguns, after the Justice Department under the Trump administration claimed this year that a century-old ban on the practice was unconstitutional.
But nearly two dozen Democratic attorneys general — a group that has sued the administration on everything from tariffs to disaster funding to education — are calling the proposal “unlawful.”
At the height of the Prohibition era, Congress passed a law banning the Postal Service from mailing concealable firearms unless they were from licensed dealers. But in January, the Justice Department issued an opinion asserting that the 1927 law was unconstitutional, and it urged the service to change its regulations.
“The statute violates the Second Amendment insofar as it burdens the rights of law-abiding citizens to ship and receive arms in common use for lawful purposes,” the department concluded.
The Postal Service’s proposal — called “Revised Mailing Standards for Firearms” — was released in April. It recommended that people be allowed to ship unloaded and securely packaged revolvers and other handguns under the same rules that now apply to shotguns and long-barreled rifles.
The proposal does not affect private shipping companies. Amazon prohibits the listing or sale of firearms. FedEx and UPS have their own restrictions, such as limiting gun shipments to people with federal firearms licenses.
May 4 was the last day for the public to comment on the Postal Service’s proposal, and David Walton, a spokesman, said the service was reviewing the comments.
Among those to speak out were the attorneys general, who contended that the Trump administration could not “unilaterally invalidate a federal statute and sanction conduct that Congress has prohibited.” They said the proposal would make it more difficult and expensive for local law enforcement officials to track handguns and solve gun crimes.
Led by Delaware, New Jersey and New York, the attorneys general who signed onto the statement represent 20 states with Democratic governors, one with a Republican governor (Vermont), and the District of Columbia.
In a statement, Rob Bonta, the Democratic attorney general of California, called the proposal an “irresponsible loophole” which, he warned, “could open the door for prohibited individuals to obtain weapons without background checks or regard for state firearms laws.”
Should the proposal be adopted with minimal changes, it seemed very likely that litigation will follow. In March, for instance, 25 attorneys general, as well as 10 cities and counties, sued the Trump administration challenging a proposal from the E.P.A. that would erase the scientific finding that climate change endangers human health and the environment.
Gun-rights advocates have hailed the Postal Service proposal, saying that under current regulations, handgun owners can’t mail firearms for a hunting trip or competition, or even when moving to a new address.
John Commerford, the executive director of the Institute for Legislative Action at the National Rifle Association, called the proposal “another key victory for America’s law-abiding gun owners.”
He added: “Thanks to President Trump and his administration, U.S.P.S. will finally allow these firearms to be shipped under the same common-sense safety conditions as rifles and shotguns.”
But Everytown for Gun Safety, the national organization that advocates gun control, commented that the Justice Department’s opinion was “rife with factual errors and unsupported legal speculation.” It also said the Postal Service’s proposal “includes changes to current law that are not called for or even mentioned” in the opinion.
In a statement, John Feinblatt, the organization’s president, said he feared the proposal would turn the Postal Service into a “gun trafficking pipeline” for illegal weapons.
“Clearly a ballot is the only thing this White House thinks is too dangerous to send through the mail,” he added.
Adam Sella contributed reporting.
David W. Chen is a Times reporter focused on state legislatures, state level policymaking and the political forces behind them.
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