Litigation Highlight: Plaintiffs File Second Amendment Challenge to Federal Ban on Mailing Firearms
In mid-July, two gun-rights groups and an individual plaintiff wishing to mail a handgun to her father filed suit in federal court in Pennsylvania alleging that the federal ban on mailing firearms through the U.S. Postal Service violates the Second Amendment. This federal restriction dates to 1927—as the complaint notes, it was the first federal gun control law[1] and pre-dates the National Firearms Act by almost a decade. The lawsuit, which is still in its early stages, implicates tricky questions surrounding legislative intent and how historical tests can account for technological innovation.
Filed on July 14, the Pennsylvania case is captioned Shreve v. United States Postal Service. The plaintiffs ask the court to strike down 18 U.S.C. § 1715, which provides that “[p]istols, revolvers, and other firearms capable of being concealed on the person are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service.” The law contains exceptions for guns mailed in connection with military or law enforcement service and for “customary trade shipments” in which firearms are conveyed from manufacturers to dealers. The statute only applies to the United States Postal Service. Knowing violations of the ban constitute a federal crime.
Shreve, a Pennsylvania citizen, would like to mail a handgun to her father as a gift and is permitted to do so under state law. The two organizational plaintiffs, Gun Owners of America and Gun Owners Foundation, each assert standing because “some of the[ir] members . . . also wish to use the U.S. Postal Service to mail their lawfully owned handguns and other concealable weapons for private, lawful purpose.” The plaintiffs assert that they cannot use private courier services—such as UPS or FedEx—because “private common carriers have prohibited the practice [of mailing guns] for several years.”
The plaintiffs in Shreve argue that the conduct of mailing firearms is protected because, “if the Second Amendment’s plain text did not cover such ancillary acts as shipment or receipt, the government could ban these acts outright, crippling Americans’ access to firearms.” They emphasize that, while “the U.S. Postal Service traces its lineage to 1775, . . . at no point did the Founders ever criminalize the mailing of handguns as the challenged statute does now.” The complaint further argues that exceptions to the federal ban—including for official weapons shipped by government agencies, commercial transactions, and long guns—belie any purported public safety objective. Plaintiffs frame the 1927 statute largely as a response to “anti-gun media sensationalism” that “did little – if anything – to curb violent crime.” Thus, the complaint concludes, the law “is inconsistent with Founding-era historical tradition [and] violates the Second Amendment.”








