Pennsylvania woman, gun groups sue Postal Service over handgun mailing ban

A Pennsylvania woman and two gun-rights groups have sued the U.S. Postal Service and other federal agencies, arguing that a nearly century-old law preventing people from mailing handguns violates the Second Amendment.

The lawsuit, filed Monday in U.S. District Court in Pittsburgh, claims the federal law, dating to 1927, is a remnant from the Prohibition era that no longer aligns with current understandings of gun rights.

Plaintiff Bonita Shreve, who lives in Blair County, Pennsylvania, stated she wants to mail a handgun to her father in eastern Pennsylvania as a gift. She said that because private shipping companies like UPS and FedEx do not allow individuals to ship handguns, the U.S. Postal Service is her only option. However, the federal law makes it a felony for most people to mail handguns, with possible penalties of up to two years in prison and a fine of up to $250,000.

The lawsuit argues that it is a serious crime for everyday Americans to use the mail to send handguns, which the Supreme Court has described as a common self-defense weapon.

Joining Shreve in the lawsuit are the national organizations Gun Owners of America, Inc., and Gun Owners Foundation. Both groups contend the ban on mailing handguns is inconsistent with the Second Amendment's original intent and recent Supreme Court decisions. They say that when the Second Amendment was adopted, there were no federal laws preventing firearms from being sent through the mail.

The lawsuit names the U.S. Postal Service, Postmaster General Doug Tulino, the U.S. Postal Inspection Service, Chief Postal Inspector Gary Barksdale, and the U.S. Department of Justice as defendants. The plaintiffs are asking the court to declare the law unconstitutional and stop its enforcement.

None of the defendants had filed a response to the complaint as of Friday.

This legal challenge comes after the U.S. Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen. That ruling set a standard that gun regulations must match the nation’s historical tradition of firearm laws. The plaintiffs argue the 1927 law does not meet this historical test.

This lawsuit is a "pre-enforcement challenge," meaning the plaintiffs are seeking a court decision before anyone is charged under the law. They argue that people should not have to face criminal charges to challenge a law they believe goes against the Constitution.

The lawsuit notes that licensed gun dealers can currently mail handguns through the Postal Service, but private citizens cannot. It also points out that individuals are still allowed to mail rifles and shotguns through the Postal Service.

Members of Congress have recently introduced legislation to repeal the federal law, including the "Protecting the Mailing of Firearms Act."