Constitutionality of 18 U.S.C. § 1715

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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

I wonder why the legacy media has not been talking about this. Are they drowning their sorrows in cheap boxed wine? Have they finally decided gun laws are now a lost cause?

But as Copilot told me:

The OLC opinion is a quiet admission that the 1927 handgun‑mailing ban was never compatible with the Second Amendment — it simply took a century for the government to say it out loud.

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4 thoughts on “Constitutionality of 18 U.S.C. § 1715”

  1. This last is troubling:
    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.

    ‘should’.

    Apparently the USAG’s office doesn’t have the actual power to make the USPS do anything about its regulations, as ‘should’ in Legalspeake™ is no more than suggestion with little to no legally binding force as opposed to ‘shall’ which even SCOTUS terms a ‘command’. ( used by Justice Thomas in Bruen as the 2nd amendment’s “shall not be infringed” as an ” unqualified command”

    I’ll take this as a real ‘win’ when we see some nonFFL person show themselves mailing a handgun somewhere and – hopefully – we won’t see any U.S. Attorney prosecuting for doing it.

    • Perhaps he is kowtowing to the fiction that USPS is not a government agency?

      • It is Schroeder’s government agency. It is or it isn’t and you can’t tell until you open the box.

    • I wouldn’t do it within the statute of limitations to the next Democrat AG. We need to get this stuff in statute. If only Congressional Republicans weren’t so useless.

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