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

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)

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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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3 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).

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