It might soon be legal for people to mail Glocks to each other.
The U.S. Department of Justice (DOJ) on Thursday released an opinion that a 1927 law banning the practice is unconstitutional.
Under current policy, only licensed firearms dealers may send “concealable firearms” through the U.S. Postal Service.
In a 15-page opinion, the DOJ stated that the Postal Service should stop enforcing that law, because it runs counter to the Second Amendment.
“Accordingly, the Executive Branch may not, consistent with the Constitution, enforce section 1715 with respect to constitutionally protected firearms, and the Postal Service should modify its regulations to conform with the scope of the Second Amendment as described in this opinion,” according to the DOJ.
Mark Jones, a national director for Gun Owners of America, told Cowboy State Daily that he applauds the DOJ’s opinion.
“Restricting access to a right is the same as denying that right. Shipping via the Postal Service, a government-run carrier, can't be restricted and be in keeping with the Constitution. This interpretation is a long time in coming,” he said.
Don’t Start Dropping Pistols In The Mail Just Yet
There are numerous regulations that apply to mailing or shipping firearms, some of which fall under the jurisdiction of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), University of Wyoming law professor George Mocsary told Cowboy State Daily.
He said that on Friday, he hadn’t yet read the DOJ’s opinion in detail, and it wasn’t clear how it might ultimately affect firearms shipping policy.
Rules for using private shipping companies for firearms, such as FedEx, might be different for those for the Postal Service, he said.
Wyomingites should be cautious about assuming that the DOJ’s ruling gives them the all-clear to start dropping packaged pistols into the mail, said Mocsary, who heads UW’s Firearms Research Center.
“It’s a very complicated area (of law). It remains to be seen exactly what is covered by this. They shouldn’t assume any particular kind of mailing is OK without doing some research,” he said.
Is The Law No Longer Needed?
Historical records indicate there was a debate over the constitutionality of the 1927 law before it was passed, Mocsary said.
At the time, the law might have seemed necessary because the current system of background checks for firearms purchases wasn’t in place, he said.
The sentiment at the time might have been that local firearm dealers “would at least have an idea of whether person X was a bad guy” if they came in the shop to buy a handgun, he said.
However, at the time, there was no way of knowing the possible criminal history of people receiving guns through the Postal Service, he said.
“Now we have nationals background checks that cover everybody” buying firearms from licensed dealers, Mocsary said.
So, a strict ban on sending handguns through the postal service to people who have cleared background checks might not be necessary, he said.
Complicated Process
It can be complicated to ship handguns, or buy and sell them across state lines, retired firearms dealer Scott Weber of Cody told Cowboy State Daily.
As things stand now, only dealers with Federal Firearms Licenses (FFL) can facilitate sales across state lines, he said.
So for example, if a Wyoming resident went to a gun show in Colorado or Montana and bought a handgun, it would have to be taken and packaged by a FFL dealer there and then shipped to another FFL dealer in Wyoming, he said.
That could involve up to about $150 in fees.
Likewise, private individuals, without FFLs, might have to go through FFL dealers and pay transfer fees to legally conduct the sale and transfer of a handgun, he said.
In its opinion, DOJ argues that such complications impede citizens’ gun rights.
“… a person has no ability to travel with a firearm, leaving shipment of the handgun to a destination as the only viable method of transportation. But the person cannot use a common or contract carrier to ship himself the handgun because, currently, the large common carriers that deliver parcels refuse to ship firearms for private citizens.” the DOJ stated.
“And section 1715 forbids mailing the handgun. The Postal Service’s ban on mailing handguns thus stifles the legitimate transportation and carriage of handguns for self-defense or any other lawful purpose,” according to the DOJ.
Mark Heinz can be reached at mark@cowboystatedaily.com.
