A New Legislative Push to Reinstate Handgun Mailing Restrictions
A proposed bill seeks to restore previous restrictions on mailing handguns through the U.S. Postal Service, limiting this service solely to federally licensed firearm dealers. This development follows a recent ruling by the U.S. Department of Justice, which deemed the existing ban unconstitutional.
Representative Haley Stevens from Michigan is spearheading the legislative effort, arguing that the executive branch should not have the authority to overturn established federal law. “No court has invalidated it, and Congress hasn’t repealed it. And so, this legislation simply says the Post Office cannot administratively override a federal law on its own,” Stevens emphasized.
The Justice Department’s stance is rooted in the belief that the handgun mailing ban infringes upon Second Amendment rights, especially since private carriers like FedEx and UPS also restrict the shipment of handguns to private individuals. Assistant Attorney General T. Elliot Gaiser articulated this by stating, “Section 1715 substantially burdens the right to bear arms protected by the Second Amendment. An individual cannot mail himself a handgun for core constitutionally protected activity, such as self-defense, target shooting, or hunting.”
This opinion emerged amid ongoing litigation from gun rights organizations, including the Gun Owners of America, aiming to overturn the law. Luis Valdes, a spokesperson for the group, regards the Justice Department’s position as “a step in the right direction,” yet advocates for a complete judicial repeal of the restriction. Valdes argues, “This is a constitutional right. The Post Office doesn’t deny me mailing a letter to a lawmaker. It doesn’t deny me mailing a box of chocolates to my wife. It doesn’t deny me mailing anything else. But it denied me mailing a simple inanimate object like a firearm.”
In light of the Justice Department’s findings, the Postal Service is reportedly moving towards permitting the mailing of handguns. However, the bill introduced by Stevens aims to halt such changes and ensure handguns are not mailed without oversight.
Stevens voiced concerns about the potential risks, stating, “I don’t want to be in line at a post office, watching anybody put a gun down on the counter and asking it to be mailed to somebody who has not gone through a background check, not passed any of the background check procedures.”
The proposal has garnered support from several anti-gun violence organizations, including Brady: United Against Gun Violence, Giffords, and Everytown for Gun Safety. Among Stevens’ Democratic allies in the House backing the bill are Reps. Mike Thompson and Jill Tokuda.
Despite this support, the bill’s passage is anticipated to face challenges in the Republican-majority Congress. Stevens remains optimistic, noting that bipartisan cooperation has previously succeeded in advancing certain legislative efforts, such as the release of Jeffrey Epstein’s files and the extension of healthcare subsidies. “I actually think we’ve a pretty good, you know, batting average here, it’s actually quite unprecedented. And I’m seizing hold of the moment,” Stevens remarked.
Nevertheless, even with cross-party collaboration, previous measures have encountered significant hurdles in achieving full legislative approval.
—
Read More Michigan News
