➡ The Department of Justice (DOJ) has admitted that a nearly 100-year-old law banning the mailing of handguns through the United States Postal Service is unconstitutional. This law, which was enforced to limit the ability to transport, acquire, and maintain firearms, has been challenged by gun owners and a private citizen in a federal lawsuit. The DOJ’s admission could change how firearms are legally transferred and transported across the country. The DOJ’s Office of Legal Counsel has stated that the law was designed to suppress handgun ownership, not regulate safety, making it unconstitutional.
➡ The Department of Justice (DOJ) has acknowledged that gun control laws, particularly those related to the Postal Service, are not based on history but on fear of armed citizens. This could lead to changes in these laws, but it’s still unclear what the Postal Service and the courts will do. The situation is being closely watched, and supporters of the Second Amendment are urged to stay informed and continue advocating for their rights.

Hey guys, got some really good news that came out of the Department of Justice and the Attorney General’s Office for the Second Amendment. You don’t hear me say that often on this channel. Let me start with a question for you. What if I told you that for nearly 100 years the federal government has been enforcing a gun law that never should have existed? Shocker. A law designated not for safety, not for crime prevention, but to deliberately choke off your ability to transport, acquire, and maintain firearms. And what if I told you that the Department of Justice just admitted it? Because that’s exactly what happened.

First, we need to know what this, what case did this stem from? What caused this opinion by the Department of Justice? Well, gun owners of America, gun owners foundation, and a private citizen female from Pennsylvania have filed a federal lawsuit in July challenging a nearly 100 year old federal law that makes it a felony for ordinary Americans like you or I to mail a handgun through the United States Postal Service. That law is 18 USC 1715 and it dates all the way back to 1927. It was passed during the prohibition era panic over crime.

You know, remember Al Capone and the Tommy guns, right? That’s the country lost a lot of freedoms in response to that over public safety. Now, while licensed gun dealers and government officials are exempt, shocker, every day law abiding folks like you or I are banned from using the mail to ship handguns, even for completely legal purposes like transferring a firearm to a family member or transferring it to for lawful travel or even warranty service. And with UPS and FedEx also now refusing handgun shipments for non FFLs, the lawsuit argues that Americans are effectively left with no legal way to ship a handgun at all.

Now, the lawsuit relies heavily on modern Supreme Court precedent, especially Heller, Bruin, and Rahimi arguing that the second amendment protects not just owning a firearm, but also the necessary actions tied to exercising that right, such as acquiring, transporting, shipping, and receiving arms. The plaintiffs point out that there is no historical tradition from the founding era or the reconstruction period supporting a ban on mailing firearms. And under the Supreme Court’s text and history to test the text history tradition test, a 1927 law cannot override constitutional protections. They’re asking the court to declare the handgun mailing ban unconstitutional and to permanently block the federal government and the United States Postal Service from enforcing it.

The DOJ is telling the judge, hey, this is unconstitutional, strike it down. And this could have major implications for how firearms are lawfully transferred and transported nationwide. And I’ll be the first to say it. I have been giving the AG’s office and the Department of Justice flack over telling a state that their gun laws are unconstitutional, yet defending their own every step of the way. And here, although they’re not doing it in court, they’ve issued an opinion telling the court that, you know what, your honor, this ban on mailing handguns through the Postal Service is unconstitutional.

And that’s pretty big. That’s a pretty big step here. Now, patriots, let me be blunt. If you do carry a gun for self-defense, the biggest threat you may face may not come from a criminal, but from the government coming after you for defending yourself. And that’s why you need attorneys on retainer in your corner. And we’re witnessing things right now happening in the streets in Minneapolis, in Portland, that should make you realize you are your own first responder. Attorneys on retainer was backed by Attorneys for Freedom, which is the only national law firm that focuses exclusively on self-defense cases.

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All right, let’s dive in here. Yesterday, January 15th, 2026, the DOJ’s own Office of Legal Counsel, the attorneys of the attorneys, released a bombshell legal opinion stating that 18 U.S.C. 1715, the federal ban on mailing handguns, is unconstitutional. Not controversial, not maybe unconstitutional, but unconstitutional under Bruin, under Heller, and under the historical tradition of this country. And today, I’ll break it down for you. Let’s start with the law itself. Back in 1927, Congress passed a statute declaring that pistols, revolvers, and other firearms capable of being concealed on the person are not mailable.

Now, that law still exists today. Again, it’s 18 U.S.C. Section 1715. If you mail a handgun, even an unloaded one, you’re committing a federal felony. Here’s the kicker. The United States Postal Service can’t mail handguns for private citizens. FedEx refuses to do it. UPS refuses. DHL refuses. So unless you are an FFL with a special agreement, mailing a handgun is effectively impossible. And that means the government didn’t just regulate shipping. They eliminated it. The DOJ opinion does something courts rarely do anymore. It talks about real people. Here’s just a few examples straight from the memorandum.

A lawful gun owner flying through New York risks a rest just for possessing a handgun in their checked luggage. A road trip across state lines can void federal transport protections if you stop overnight. Those are the planned stops, rather. Buses and trains flat out refuse firearms as baggage. And in those situations, mailing your firearm would be the only viable option. But under Section 1715, you’re blocked. And that means this law doesn’t just inconvenience gun owners. It outright prevents lawful use, including self-defense, training, target shooting, hunting, and even repair and maintenance. And that’s the exact point where the Second Amendment comes into play here.

Under New York State Rifle and Pistol Association versus Bruin, the test is simple. The first part, does the Second Amendment cover the conduct? In the second part, if yes, does the government have a historical analog justifying the restriction? The DOJ answered both of those questions. First, they said, yes, absolutely. Handguns are core protected arms under Heller and McDonald. No debate, no ambiguity. Second, they said, absolutely not. There is no historical tradition of banning the transportation or shipment of protected arms by law abiding citizens. And here’s where it gets devastating for gun control advocates.

The DOJ explicitly states that Section 1715 was designed to suppress handgun ownership, not regulate safety. That’s the DOJ saying that. And I’ll say it again. They explicitly said that Section 1715 was designed to suppress handgun ownership. And that makes it per se unconstitutional. Not poorly written, not outdated, but illegitimate in purpose. The DOJ doesn’t mince words about why Congress passed this law in 1927. They said the lawmakers believed that handguns were not protected by the Second Amendment, and that handguns had no legitimate defensive purposes. And these cities with strict gun control were being undermined by mail order guns.

So Congress used the postal system as the backdoor gun ban. And the DOJ now openly admits that reasoning has been completely repudiated by modern Supreme Court precedent. In other words, the law was unconstitutional from the start. And the DOJ searched colonial law, early American law, and even 19th century law, and they found nothing comparable. No tradition of banning firearm shipment, no general prohibition on transport, no founding era analog. None. Even restrictions on gunpowder don’t apply because unloaded firearms are not inherently dangerous. And that’s why the United States Postal Service already mails rifles and shotguns.

The handgun ban is pure discrimination. And here’s the part that should have every gun owner paying attention. The DOJ concluded that the statute is unconstitutional as applied to protected arms, protected firearms, prosecuting it would violate the Second Amendment. And the executive branch may decline to enforce it. The translation for you is federal prosecutors should stop charging people under Section 1715 for mailing handguns. That is a monumental admission by the US Department of Justice. Now, some important clarification for you. This does not mean that all weapons are male legal. Explosives must be shipped differently.

And undetectable firearms are still non-mailable, whatever an undetectable firearm is. Now, the Department of Justice draws clear lines here. But for ordinary law-abiding Americans mailing constitutionally protected handguns, the ban cannot stand. And this opinion is a massive crack in the federal gun control wall. It confirms what we’ve been saying all along. That gun control didn’t grow out of history. It grew out of fear and contempt for the armed citizen. And now the DOJ has admitted it in writing, which is huge. And the question is whether the US Postal Service and the courts will follow now.

And make sure you subscribe and share this video everywhere so everybody knows exactly what’s going on. And stay locked in, because this is exactly how unconstitutional gun laws fall. We still need to see if the court will take the DOJ’s recommendation and what the US Postal Service plans to do. If you remember a month and a half ago-ish, I told you about how the carry ban, the concealed carry ban in postal service, the postal properties was unconstitutional. And we’re still waiting to see what the Postal Service is going to do.

Are they going to appeal? And they’re keeping everything close to their vest, but the unconstitutional gun control laws in and around the Postal Service system that have been a backdoor jam for us for 100 years, they’re falling apart. And it’s great to see. So good on the DOJ for actually doing what they should have been doing all along. And hopefully this continues, but we’re going to hold the feet to the fire and demand that it continues. So if you love the Second Amendment, you love this country, you love Americans’ freedoms, subscribe to Guns and Gadgets.

I’ll keep you in the loop every single day. God bless you. God bless America. Stay armed and stay free. I’ll see you on the next one. Take care. [tr:trw].

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