Maryland Attorney General Leads Coalition Opposing Proposed Postal Service Rule Regarding Mailing Firearms

Maryland Attorney General Anthony G. Brown, alongside attorneys general from 23 other states and the District of Columbia, has voiced strong opposition to a proposed U.S. Postal Service (USPS) rule that they argue would undermine federal gun laws and compromise public safety. The comment letter, submitted to the USPS, argues that the proposed regulation would permit the mailing of prohibited weapons across state lines, potentially making it easier for individuals legally barred from owning firearms to obtain them.

The core of the opposition stems from a long-standing federal law, enacted in 1927, which prohibits the USPS from mailing certain concealable firearms. This statute has remained in effect for nearly a century without being invalidated by any court. However, in January of this year, the Department of Justice issued an opinion asserting the unconstitutionality of this statute and declared it would no longer enforce it. Consequently, the USPS was directed to develop regulations aligning with this new stance, leading to the publication of the proposed rule on April 2.

The coalition of attorneys general contends that the proposed rule is unlawful and poses significant risks to public safety and the fiscal well-being of states. Their letter emphasizes that the executive branch lacks the authority to unilaterally permit activities that Congress has explicitly prohibited for decades. The attorneys general argue that allowing individuals to mail firearms directly, bypassing licensed dealers, would create a pathway for prohibited individuals, such as convicted felons, those subject to restraining orders, and domestic abusers, to acquire firearms, including those considered illegal. This, in turn, is expected to impede law enforcement’s ability to investigate and prosecute gun crimes, as tracing firearms through the mail would become more difficult and costly.

The implications for states like Maryland, which have enacted their own firearm regulations, are particularly concerning. The proposed rule could enable individuals prohibited from possessing firearms under state law to obtain them through the mail, even if those firearms are restricted by state legislation, such as “ghost guns.” Furthermore, the attorneys general highlight that the USPS, unlike private shipping companies like UPS, does not appear to have a statutory obligation to verify compliance with state firearm acquisition and transfer laws. This creates a significant loophole that could weaken the effectiveness of state-level gun control measures.

The coalition also addressed constitutional arguments, asserting that the Second Amendment does not compel the USPS to implement this rule. They explain that the federal law in question pertains solely to the mailing of firearms by the Postal Service, not the right to bear arms itself. The letter points out that for a substantial portion of U.S. history, firearms were not accepted for mailing by the USPS. Congress’s 1927 decision to prevent the Postal Service from facilitating the mailing of firearms, especially those that might violate state or local laws, and to make it harder for criminals to obtain concealable weapons, is viewed as a legitimate exercise of legislative power. The attorneys general leading the letter were from New Jersey, New York, and Delaware, with participation from Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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