Attorney General Jones Joins Multistate Effort to Oppose Postal Service Rule Undermining Federal Gun Law

Attorney General Jones Joins Multistate Effort to Oppose Postal Service Rule Undermining Federal Gun Law  

RICHMOND, Va. – Attorney General Jay Jones joined a multistate comment letter signed by 22 states opposing an unlawful proposal by the U.S. Postal Service (USPS) to allow a flood of prohibited weapons to move across state borders by mail, endangering the public and further straining state and local law enforcement resources for no valid purpose. 

“This loophole puts guns in the hands of those barred by Virginia law from buying weapons, and it allows people to blatantly dodge background checks and access illegal firearms,” said Attorney General Jay Jones. “The federal government continues to undermine the law and putting our communities at risk in the process.” 

For almost one hundred years, dating back to 1927, federal law has barred the USPS from mailing certain concealable firearms. That statute has stood, without any court finding it invalid, since that time. But in January 2026, the Trump Administration decided to suddenly stop following the federal law. The U.S. Department of Justice (DOJ) issued an opinion that the statute is unconstitutional; stated it will no longer enforce this commonsense statute; and instructed USPS to issue conforming regulations. On April 2, the USPS published a proposed rule to conform with this DOJ opinion.  

Today’s letter explains why the proposed rule is unlawful and will harm public safety in the states. The letter clearly states that the longstanding federal law restricting mailing firearms via the Postal Service is constitutional, and the executive branch cannot unilaterally permit conduct Congress has prohibited since 1927. The letter also adds that allowing individuals to send firearms through the mail without going through a licensed seller will make it easier for prohibited persons like felons and domestic abusers to access firearms, including illegal firearms. It will also make it more difficult, and more expensive, for states to solve gun crimes, reducing the effectiveness of law enforcement tracing tools. 

The multistate letter outlines the danger if this rule takes effect. Individuals prohibited in from owning a firearm in their state—including convicted felons, domestic abusers, and individuals subject to restraining orders—could get a gun though the mail, despite that individual’s state maintaining carefully crafted laws on who may possess guns. Of grave concern is that the types of guns that might be mailed across state lines may even include those prohibited by states’ laws, such as assault weapons or silencers. 

This sudden and inexplicable shift will have a significant impact on the states. Unlike private carriers like UPS, USPS recognizes no statutory obligation to ensure the packages it carries comply with state laws on the acquisition or transfer of firearms, creating a loophole in state laws. 

Without federal firearms trace data, law enforcement agencies will have higher investigation costs. Indeed, state law enforcement will have to create a new tracking structure to account for the unregulated mailing of concealable firearms through USPS, harming state budgets that are already damaged by the devastating economic impacts of the second Trump Administration. 

The Attorneys General also explain that the Second Amendment does not require USPS to issue this rule because the underlying federal law governs only whether and when USPS can mail firearms; it does not regulate the right to keep and bear arms. And the law is consistent with the nation’s tradition; for most of our history, firearms were not accepted for mailing by USPS. Congress’s decision in 1927 to avoid having USPS assist in mailing guns that may be in violation of state or local laws, and to make it more difficult for criminals to obtain concealable weapons, was a valid and entirely lawful choice. 

Attorney General Jones was joined by the Attorneys General of New Jersey, New York and Delaware, which co-led the letter, as well as Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. 

Published on: May 5,2026

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