Proposed Rule2026-06376
Revised Mailing Standards for Firearms
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Published
April 2, 2026
Issuing agencies
Postal Service
Abstract
The Postal Service is proposing to amend Publication 52, Hazardous, Restricted, and Perishable Mail (Publication 52), to conform with the opinion of the Department of Justice's Office of Legal Counsel regarding the constitutionality of Section 1715 of title 18 U.S. Code, which prohibits the mailing of concealable firearms.
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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Proposed Rules]
[Pages 16601-16605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06376]
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POSTAL SERVICE
39 CFR Parts 111 and 211
Revised Mailing Standards for Firearms
AGENCY: Postal Service.
ACTION: Proposed rule.
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SUMMARY: The Postal Service is proposing to amend Publication 52,
Hazardous, Restricted, and Perishable Mail (Publication 52), to conform
with the opinion of the Department of Justice's Office of Legal Counsel
regarding the constitutionality of Section 1715 of title 18 U.S. Code,
which prohibits the mailing of concealable firearms.
DATES: Submit comments on or before May 4, 2026.
ADDRESSES: Mail or deliver written comments to the Director, Product
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446,
Washington, DC 20260-5015. If sending comments by email, include the
name and address of the commenter and send to
<a href="/cdn-cgi/l/email-protection#3d6d7e7b5859584f5c516f585a544e49584f7d484e4d4e135a524b"><span class="__cf_email__" data-cfemail="ecbcafaa8988899e8d80be898b859f98899eac999f9c9fc28b839a">[email protected]</span></a>, with a
[[Page 16602]]
subject line of ``Shipping Firearms.'' Faxed comments will not be
accepted.
You may inspect and photocopy all written comments, by appointment
only, at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW, 11th
Floor North, Washington, DC 20260. These records are generally
available for review Monday through Friday, 8 a.m. to 4 p.m., by
calling 202-268-2906.
FOR FURTHER INFORMATION CONTACT: Dale Kennedy, (202) 268-6592, or
Jennifer Cox, (202) 268-2108.
SUPPLEMENTARY INFORMATION: All submitted comments and attachments are
part of the public record and subject to disclosure. Do not enclose any
material in your comments that you consider to be confidential or
inappropriate for public disclosure.
The Postal Service proposes to amend Publication 52, Hazardous,
Restricted, and Perishable Mail (Publication 52), with the provisions
set forth herein. While not codified in title 39 of the Code of Federal
Regulations (CFR), Publication 52 is a regulation of the Postal
Service, and changes to it may be published in the Federal Register. 39
CFR 211.2(a)(2). Moreover, Publication 52 is incorporated by reference
into Mailing Standards of the United States Postal Service, Domestic
Mail Manual (DMM) section 601.8.1, which is incorporated by reference,
in turn, into the Code of Federal Regulations. 39 CFR 111.1 and 111.3.
Publication 52 is publicly available, in a read-only format, via the
Postal Explorer[supreg] website at <a href="https://pe.usps.com">https://pe.usps.com</a>. In addition,
links to Postal Explorer are provided on the landing page of <a href="http://USPS.com">USPS.com</a>,
the Postal Service's primary customer-facing website, and on Postal
Pro, an online informational source available to postal customers.
Background
Section 1715 of title 18 U.S. Code provides that certain firearms
are nonmailable. The Postal Service implements section 1715 via
subchapter 43 of Publication 52.
On January 15, 2026, the Office of Legal Counsel (OLC) at the
Department of Justice issued a Memorandum Opinion for the Attorney
General concluding that Section 1715 of title 18 U.S. Code ``is
unconstitutional as applied to constitutionally protected firearms,
including handguns, because it serves an illegitimate purpose and is
inconsistent with the Nation's tradition of firearm regulation.''
Constitutionality of 18 U.S.C. 1715, 50 O.L.C. __ ((Jan. 15, 2026)
(slip op.), available at <a href="https://www.justice.gov/olc/media/1424001/dl">https://www.justice.gov/olc/media/1424001/dl</a>.
OLC further concluded that the ``Postal Service should modify its
regulations to conform with the scope of the Second Amendment as
described in [the OLC] opinion.'' Id. at *15.
The Postal Service defers to OLC's judgment as to the lawful scope
of this criminal statute and worked in consultation with OLC to develop
the proposed revisions to our mailability regulations. Revisions to
Publication 52 specify clear definitions of ``mailable firearms'' and
``nonmailable firearms'' consistent with OLC's opinion. The proposed
revisions expand the scope of mailable firearms compared to the
existing regulations by allowing lawful handguns to be mailed under the
same terms and conditions as lawful rifles and shotguns. These
conditions continue to require, among other things, that mailed
firearms be unloaded. Additionally, otherwise nonmailable handguns will
remain mailable between authorized persons consistent with Section
1715. The regulations also continue to specify that mailers must
continue to adhere to nonpostal statutes and regulations that regulate
the possession, transport, and transfer of firearms, including the Gun
Control Act (18 U.S.C. 922) and its implementing regulations (27 CFR
part 478).
Request for Comments
As noted, the Postal Service defers to OLC's judgment as to the
lawful scope of this criminal statute and worked in consultation with
OLC to develop the proposed revisions to our mailability regulations.
Comments regarding the merits of OLC's opinion, including the scope of
firearms that are mailable and nonmailable under the Second Amendment,
are therefore outside the scope of this rulemaking. Comments on all
other aspects of the proposed changes, and in particular the clarity
and understandability for users of the mail, are appreciated.
Accordingly, for the reasons stated in the preamble, the Postal
Service proposes to amend Publication 52 as follows:
Publication 52, Hazardous, Restricted and Perishable Mail
* * * * *
4 Restricted Matter
* * * * *
43 Firearms
[Revise subchapter 43 to read as follows:]
431 Definitions
431.1 Firearms Definitions
The following definitions apply:
a. Machinegun: any weapon which shoots, is designed to shoot, or
can be readily restored to shoot, automatically more than one shot,
without manual reloading, by a single function of the trigger. The term
shall also include the frame or receiver of any such weapon, any part
designed and intended solely and exclusively, or combination of parts
designed and intended, for use in converting a weapon into a
machinegun, and any combination of parts from which a machinegun can be
assembled if such parts are in the possession or under the control of a
person.
b. Rifle: a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed cartridge
to fire only a single projectile through a rifled bore for each single
pull of the trigger, and shall include any such weapon which may be
readily restored to fire a fixed cartridge.
c. Shotgun: a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed shotgun
shell to fire through a smooth bore either a number of projectiles
(ball shot) or a single projectile for each pull of the trigger, and
shall include any such weapon which may be readily restored to fire a
fixed shotgun shell.
d. Any Other Weapon: any weapon or device capable of being
concealed on the person from which a shot can be discharged through the
energy of an explosive, a pistol or revolver having a barrel with a
smooth bore designed or redesigned to fire a fixed shotgun shell,
weapons with combination shotgun and rifle barrels 12 inches or more,
less than 18 inches in length, from which only a single discharge can
be made from either barrel without manual reloading, and any such
weapon which may be readily restored to fire. Such term shall not
include a pistol or a revolver having a rifled bore, or rifled bores,
or weapons designed, made, or intended to be fired from the shoulder
and not capable of firing fixed ammunition.
e. Handgun: a pistol, revolver, or other firearm capable of being
concealed on a person.
f. Curio or Relic: Firearms which are of special interest to
collectors by reason of some quality other than is associated with
firearms intended for sporting use or as offensive or defensive
weapons. To be recognized as curios or relics, firearms must fall
within one of the following categories:
[[Page 16603]]
1. Firearms which were manufactured at least 50 years prior to the
current date, but not including replicas thereof;
2. Firearms which are certified by the curator of a municipal,
state, or federal museum which exhibits firearms to be curios or relics
of museum interest; and
3. Any other firearms which derive a substantial part of their
monetary value from the fact that they are novel, rare, bizarre, or
because of their association with some historical figure, period, or
event. Proof of qualification of a particular firearm under this
category may be established by evidence of present value and evidence
that like firearms are not available except as collector's items, or
that the value of like firearms available in ordinary commercial
channels is substantially less.
g. Air Gun: any weapon that expels projectiles using compressed air
or other gas (including paintball and pellet guns). Air guns are not
regulated as firearms unless they are manufactured with frames or
receivers of an actual firearm.
Note: When compressed air is included in packages, shipments
must adhere to the hazardous materials requirements within 342.
431.2 Firearms Subject to the National Firearms Act
a. Shotguns having a barrel or barrels of less than 18 inches in
length;
b. Weapons made from a shotgun if such weapon as modified has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length;
c. Rifles having a barrel or barrels of less than 16 inches in
length;
d. Weapons made from a rifle if such weapon as modified has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length;
e. Any Other Weapon;
f. Machineguns; and
g. Destructive devices meaning (1) any type of weapon by whatever
name known which will, or which may be readily converted to, expel a
projectile by the action of an explosive or other propellant, the
barrel or barrels of which have a bore of more than one-half inch in
diameter, except a shotgun or shotgun shell is generally recognized as
particularly suitable for sporting purposes; and (2) any combination of
parts either designed or intended for use in converting any device into
a destructive device as defined in (1).
431.3 Mailable and Nonmailable Firearms
Lawful firearms, including pistols, revolvers, shotguns, and
rifles, are mailable (``Mailable Firearms''). Firearms that are
otherwise generally unlawful to possess--such as those identified in
431.2 or those that, after removal of grips, stocks, and magazines, are
not detectable by metal detectors and x-ray machines--are nonmailable
(``Nonmailable Firearms''), except subject to Section 432.2.
431.4 Federal Firearms License
Federal Firearms Licenses (FFLs) are issued by the U.S. Department
of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
under the Gun Control Act of 1968, and are defined under the Code of
Federal Regulations, Title 27, Part 478 (27 CFR part 478), as follows:
a. Manufacturer, Dealer, or Importer: Any entity or individual
engaged in the business of selling firearms at wholesale or retail,
repair (gunsmith), pawnbroker, manufacturer, or importing of firearms
into the United States.
b. Curio and Relic Collector: Any entity or individual who sells,
trades, transfers, acquires, holds, or disposes of firearms as curios
or relics.
432 Mailability
432.1 General
Mailers must comply with the Gun Control Act of 1968, all
provisions of postal law, and all other federal and state regulations
and local ordinances affecting the movement of firearms. For Mailable
Firearms, the following also applies:
a. The Postal Service may require the mailer to open packages
containing Mailable Firearms or give written certification that the
weapon is unloaded.
b. No markings of any kind that indicate the nature of the contents
may be placed on the outside wrapper or container of any mailpiece
containing Mailable Firearms.
c. Mailable matter must be properly and securely packaged within
the general packaging requirements in DMM 601.1-6.
d. All Mailable Firearms must be mailed using a USPS product or
Extra Service that provides tracking and signature capture at delivery,
unless shipped between licensed dealers, manufacturers, or importers.
432.2 Otherwise Nonmailable Handguns That May Be Mailed in Authorized
Circumstances
Handguns that are Nonmailable Firearms under 431.3 may be mailed
between the parties listed in 432.21, after the filing of an affidavit
or statement described in 432.22 or 432.24, and are subject to the
following:
432.21 Authorized Persons
Subject to 432.22, handguns that are Nonmailable Firearms under
431.3 may be mailed by licensed firearm manufacturers, dealers,
importers, or authorized agents of federal or state, territory, or
district governments, only upon filing the required affidavit or
certificate and when addressed to a person in one of the following
categories for use in the person's official duties:
a. Military Officers: Officers of the Army, Coast Guard, Air Force,
Navy, Marine Corps, or Organized Reserve Corps.
b. National Guard Officers: Officers of the National Guard or
militia of a state, territory, or district.
c. Law Enforcement Officers: Officers of the United States or of a
state, territory, or district, whose official duty is to serve warrants
of arrest or commitment.
d. Authorized Postal Service Employees: Postal Service employees
authorized by the Chief Postal Inspector.
e. Federal Enforcement Officers: Officers and employees of
enforcement agencies of the United States.
f. Federal and State Watchmen: Watchmen engaged in guarding the
property of the United States, a state, territory, or district.
g. Purchasing Agents: Designated member of agencies employing
officers and employees as outlined in 432.21(c-f).
432.22 Affidavit of Addressee
Authorized persons must submit, at the time of mailing, an
affidavit signed by the addressee certifying that the addressee is
qualified to receive the firearm under a particular category of
432.21(a-g), and that the firearm is intended for the addressee's
official use. The affidavit must also bear a certificate stating that
the firearm is for the official duty use of the addressee, signed by
the appropriate official, as follows:
a. For officers of Armed Forces, by the commanding officer.
b. For officers and employees of enforcement agencies, by the head
of the agency employing the addressee to perform the official duty with
which the firearm is to be used.
c. For watchmen, by the chief clerk of the department, bureau, or
independent branch of the government of the United States, the state,
the territory, or the district by which the watchman is employed.
d. For the purchasing agent or other designated member of
enforcement
[[Page 16604]]
agencies, by the head of such agency, that the firearm is to be used by
an officer or employee included in 432.21(c-f).
432.23 Manufacturers, Dealers, and Importers
Handguns that are Nonmailable Firearms under 431.3 may be mailed
between licensed firearm manufacturers, dealers, and importers in
customary trade shipments, or for repairing or replacing parts.
432.24 Certificate of Manufacturers, Dealers, and Importers
Federal firearms licensee manufacturers, dealers, or importers are
exempt from the affidavit requirement under 432.22 but must file a
statement with the postmaster on PS Form 1508, Statement by Shipper of
Firearms, signed by the mailer to confirm that:
a. They are a licensed firearm manufacturer, dealer, or importer;
and
b. The packages containing handguns, or parts and components
thereof, are for customary trade shipments or contain such articles for
repairing or replacing parts.
The statement must verify, to the best of the mailer's knowledge,
the addressees are licensed firearm manufacturers, dealers, or
importers. Registered Mail service is recommended.
Postmasters may forward unsatisfactory mailer statements to the
PCSC for a ruling.
432.25 Federal and Other Law Enforcement Agencies
Handguns that are Nonmailable Firearms under 431.3 may be mailed
without restrictions under 432.21 through 432.24 in the following
cases:
a. Scientific and Crime Detection Bureaus: Mail addressed to a
scientific laboratory or crime detection bureau of federal, state, or
local law enforcement agencies with authority to serve warrants of
arrest or commitment.
b. Official Federal Shipments: Mail sent by an authorized federal
agent as official shipments to any qualified addressee in 432.21,
licensed firearm manufacturers, dealers, or importers, or federal
agencies.
Exhibit 432.25: Mailability Requirements for Handguns That Are
Otherwise Nonmailable
[GRAPHIC] [TIFF OMITTED] TP02AP26.014
432.3 Additional Restrictions for Mailable Firearms
Mailers must comply with the rules and regulations per 27 CFR, Part
478, as well as state and local laws. The Postal Service may require
confirmation, either by opening the package or through written
certification, that the mailable firearm is unloaded and eligible for
mailing. The following conditions also apply:
a. Intrastate Shipments: Subject to state, territory, or district
regulations, Mailable Firearms intended for delivery within the same
state of mailing may be shipped within a state, provided that:
(1) The mailpiece displays a ``Return Service Requested''
endorsement.
(2) The mailpiece is shipped using a class of mail, product, or
Extra Service that provides tracking and signature capture at delivery.
b. Shipments Between Licensed FFLs: Mailing Mailable Firearms
between licensed FFL dealers, manufacturers, or importers is
unrestricted. The Postal Service recommends that these items be mailed
using a class of mail, product, or Extra Service that provides tracking
and signature capture at delivery.
c. Out-of-State Mailings by Non-FFL Owners: Non-FFL owners may mail
Mailable Firearms to themselves or another person in another state for
lawful activities under the following conditions. The mailpiece must:
(1) Be addressed to the recipient.
(2) Include the ``in the care of'' endorsement immediately
preceding the name of the applicable temporary custodian.
(3) Be opened by the recipient.
(4) Be mailed using a class of mail, product, or Extra Service that
provides tracking and signature capture at delivery.
d. Mailing to FFL Dealers by Non-FFL Owners: Non-FFL owners may
mail Mailable Firearms domestically to FFL dealers, manufacturers, or
importers in any state. These items must be mailed using a class of
mail, product, or Extra Service that provides tracking and signature
capture at delivery.
e. Curio and Relic Collectors: Licensed curio and relic collectors
may
[[Page 16605]]
mail firearms meeting the definition of curios or relics per 431.1f
domestically to licensed FFL curio and relic collectors in any state.
These items must be mailed using a class of mail, product, or Extra
Service that provides tracking and signature capture at delivery.
f. Museum Shipments: Mailable Firearms that are certified by the
curator of a municipal, state, or federal museum that exhibits firearms
to be curios or relics of museum interest, may be mailed between
governmental museums without restriction.
g. Air Guns: Air guns (refer to 431.1.f) that do not fall within
the definition of Nonmailable Firearms under 431.3 are mailable.
Shipments containing air guns with a muzzle velocity of 400 or more
feet per second (fps) must include an Adult Signature service per DMM
503.8. Mailers are responsible for compliance with all applicable state
and local regulations.
432.4 Indemnity Claims
Indemnity claims for regulated firearms may be filed if the
following occurs during Postal Service handling (refer to DMM 609):
a. Loss: A claim may be paid when a firearm has been lost.
b. Repair Costs Exceeds Value: If a firearm is damaged, a claim may
be filed if the estimated repair cost from a reputable dealer exceeds
the declared or actual value of the firearm at the time of mailing.
433 Legal Opinions on Mailing Firearms
Postmasters are not authorized to give opinions on the legality of
any shipment of firearms. Mailers requesting additional information
should be referred to the ATF. Further advice and ATF contact
information are available at <a href="https://www.atf.gov/contact">https://www.atf.gov/contact</a>.
434 Replica or Inert Explosive Devices
Replica or inert explosive devices that are not dangerous but
resemble explosive devices (i.e., simulated grenades) are mailable
provided all following conditions are met:
a. The package is presented by the mailer at a retail counter.
b. Registered Mail service is used.
c. The address side of the package is labeled with ``REPLICA
EXPLOSIVE'' using letters at least 1/4-inch high.
435 Nonmailable Firearms Found in the Mail
Nonmailable Firearms discovered in the mailstream must be
immediately reported to the United States Postal Inspection Service in
accordance with POM 139.117.
* * * * *
Kevin Rayburn,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2026-06376 Filed 4-1-26; 8:45 am]
BILLING CODE 7710-12-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.