A Stroke of the Pen and It Is a Right Less Infringed

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Quote of the Day

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. See N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111, 2129–30 (2022).

The Department of Justice may not, consistent with the Constitution, enforce section 1715 with respect to constitutionally protected firearms. The Postal Service should modify its regulations to conform with this opinion.

T. ELLIOT GAISER
Assistant Attorney General
Office of Legal Counsel
January 15, 2026
Constitutionality of 18 U.S.C. § 1715 (or here)

See also:

Boom! A significant infringement upon our right to keep and bear arms has just been removed.

Just on Wednesday, I was talking to a co-worker about this infringement and a horror story directly related.

I am amazed at how fast things are moving in this space. Heller was decided in 2008. McDonald was decided in 2010. Sometime in there Alan Gura told a group of gun bloggers that it would take 20 years or more to get things straightened out. That was difficult to believe. But as the years crept along, I thought perhaps he had underestimated the time it would take. Now, it seems possible.

See also the following video on machine guns. The possibility of restoring that right is actually on the table! And what I find most interesting is that it would not be because it violates the 2nd Amendment!

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6 thoughts on “A Stroke of the Pen and It Is a Right Less Infringed”

  1. The mail order ban exists only because Lee Harvey Oswald got his rifle that way. Until recently (in Old Fart years) all the questions on the 4473 were derived from his actions. So no Founding Era analogues.

    • The same obviously applies to all the rules requiring various transfers to be made only through FFLs. Or not at all (like out of state sales).

  3. If I might ask a seriously stupid question of all the “Geeklords of lawfair” that seem to be running our system. (Into the ground I might add.)
    What exactly did the second AMENDMENT, amend?
    If congress still has the power to tax them, regulate their commerce, and every petty bureaucrat’s cousin gets to tell you what you can carry and where/how they can be used?
    And millions of dollars and countless manhours have to be expanded hashing this out. And all the while people suffer and are murdered?
    Why did our forefathers even bother????? If this was what was intended?
    They didn’t. It’s as simple and plain as the 2A wording. The word “infringed” was chosen for this very reason.
    Sorry, the 2A is it’s own wall, Mark.
    And we have no “historic prescience” of firearm regulation that was not wiped out by the 2A upon ratification.
    Nor any that wasn’t nullified by it afterward.
    Go read the F’in law for just once, maybe?
    And those that can’t belong in jail, or England or some other such shithole.
    And good riddance.

  5. Just because this ruling/opinion has been issued in no way means the Postal Inspector won’t bust you for mailing a pistol via USPS.

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