The DOJ’s Office of Legal Counsel has issued a landmark opinion concluding that the federal ban on mailing handguns through the U.S. Postal Service is unconstitutional under the Supreme Court’s Bruen decision, marking a major shift in how the federal government applies the Second Amendment.
The Department of Justice’s Office of Legal Counsel has officially declared that the long-standing federal ban on mailing concealable firearms is unconstitutional. This landmark opinion concludes that 18 U.S.C. § 1715 fails the historical test required by the Second Amendment and directs the Postal Service to stop enforcing these restrictions against law-abiding citizens.
WASHINGTON, D.C. (5-minute read) — In a monumental shift for American firearm owners, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum on January 15, 2026, declaring that the federal law prohibiting the mailing of handguns is unconstitutional. The statute in question, 18 U.S.C. § 1715, has stood since 1927, but the OLC has now determined that it serves an illegitimate purpose and lacks any historical foundation in the Nation’s tradition of firearm regulation.
This decision comes in the wake of the Shreve v. U.S. Postal Serv. lawsuit filed by Gun Owners of America (GOA). The OLC’s opinion makes it clear that the government can no longer enforce this ban against citizens who wish to ship or receive firearms for lawful purposes such as self-defense, hunting, or target shooting.
By Brandon Curtis

