In a significant development for gun rights advocates, the Department of Justice has shifted long-standing regulations regarding the mailing of handguns. The agency’s recent ruling marks what could be a turning point in nearly a century of legal precedent surrounding Second Amendment rights. On Thursday, the DOJ published a 15-page opinion asserting that a federal law prohibiting the mailing of handguns is unconstitutional. This ruling comes from T. Elliot Gaiser, the Assistant Attorney General for the Office of Legal Counsel.
The law in question, enacted in 1927, categorized handguns among nonmailable items, effectively preventing citizens from shipping concealable firearms through the mail. Gaiser’s opinion argues that this restriction infringes upon individual rights protected under the Second Amendment. He stated, “We conclude that the restriction imposed by section 1715 violates the Second Amendment.” His interpretation emphasizes that the law created undue obstacles for lawful firearm transportation, including purposes like self-defense and hunting.
Furthermore, Gaiser illuminated broader implications of the law’s enforcement. He explained that the statute imposed considerable barriers to the shipping of firearms as legitimate articles of commerce, thereby infringing on citizens’ rights to possess and maintain their arms. “The statute also imposes significant barriers to shipping constitutionally protected firearms,” he said, reinforcing the idea that such regulations were aimed at suppressing legitimate traffic of these products. His conclusion underscores a lack of historical precedent to justify the extensive restrictions imposed by the 1927 law, stating, “we are aware of no historical analogues that would satisfy the government’s burden of showing that this unprecedented restriction ‘is consistent with the Nation’s historical tradition of firearm regulation.’”
While this ruling brings notable relief to gun rights supporters, it does come with limitations. Although handguns are now aligned more closely with constitutional protections, Gaiser clarified that ammunition and gunpowder would still face restrictions under existing postal regulations. He noted that while ammunition enjoys certain constitutional protections, the government retains the authority to impose mailing restrictions on explosives for valid reasons, primarily to protect postal workers and property. “Such facially neutral restrictions do not discriminate against constitutionally protected items,” he stated, indicating a balanced approach even within a pro-Second Amendment ruling.
The opinion concludes with a directive: the Executive Branch is not permitted to enforce section 1715 concerning firearms that are constitutionally protected. The implication is that the Postal Service will need to amend its current policies to align with this updated view of firearm shipping rights.
This decision could serve as a catalyst for future conversations surrounding Second Amendment rights and the regulation of firearms in the United States. It affirms a reading of the Second Amendment that views individual rights to bear arms as fundamental and enshrined within the fabric of American law. As supporters of gun rights celebrate this win, it is clear that the landscape of firearm regulations is on the brink of significant change…and this ruling may pave the way for further challenges against outdated laws.
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