The Freedom to Ship Act would remove a nearly century-old gun-control law and challenge discriminatory restrictions imposed by private shipping carriers.
The Justice Department has already concluded that the federal ban on mailing handguns violates the Second Amendment.
Now Congress has a chance to remove that restriction from federal law.
Rep. Lauren Boebert of Colorado introduced H.R. 9979, the Freedom to Ship Act, to repeal the handgun-mailing prohibition and protect lawful firearm shipments through common carriers.
Texas Congressman Michael Cloud is among the bill’s cosponsors.
DOJ Found the Mailing Ban Unconstitutional
Congress enacted the federal handgun-mailing ban in 1927.
Now codified at 18 U.S.C. § 1715, the law generally prohibits ordinary citizens from mailing pistols, revolvers, and other concealable firearms outside limited exceptions.
In January, the Justice Department’s Office of Legal Counsel concluded that the restriction is unconstitutional as applied to firearms protected by the Second Amendment, including handguns.
The opinion found that the law burdens Americans seeking to transport, receive, repair, or maintain firearms for lawful purposes. It also found no historical tradition supporting a general prohibition on shipping constitutionally protected arms.
DOJ therefore determined that federal prosecutors should not enforce § 1715 against protected firearms and that the Postal Service should revise its regulations.
The Postal Service responded in April by proposing rules that would allow lawful handguns to be mailed under many of the same conditions applied to rifles and shotguns. Those rules would still require compliance with the Gun Control Act and applicable state and local laws.
But administrative policy is not repeal.
Section 1715 remains in federal law, leaving open the possibility that a future administration could attempt to revive enforcement.
Freedom to Ship Act Goes Further
The Freedom to Ship Act would permanently repeal the federal handgun-mailing prohibition.
It would also confront private-carrier policies that leave many ordinary gun owners without a practical way to ship lawful firearms.
Major carriers frequently restrict firearm shipments to federally licensed businesses operating under specially approved agreements. These policies can make lawful repairs, transfers, and transportation more difficult and expensive.
Boebert’s office says the bill would prevent common carriers from forcing federal firearms licensees into restrictive contracts and imposing excessive fees for firearm shipments. The legislation has been endorsed by the National Association for Gun Rights and other national gun-rights organizations.
The bill would not erase existing laws governing who may possess, purchase, or receive a firearm.
It would remove special transportation barriers imposed on otherwise lawful conduct.
Texas Lawmakers Should Join Michael Cloud
Congressman Michael Cloud deserves credit for supporting the Freedom to Ship Act.
The rest of the Texas congressional delegation should join him.
Law-abiding gun owners should not be forced to depend on temporary DOJ policy while an unconstitutional statute remains on the books. Nor should private carriers be allowed to impose arbitrary barriers on lawful firearm commerce.
Texas Gun Rights calls on every member of the Texas delegation to cosponsor H.R. 9979 and demand congressional action on the Freedom to Ship Act.
The Second Amendment must not be treated as a second-class right.
Chip in today to help Texas Gun Rights fight every government mandate and corporate policy that infringes on your right to keep and bear arms.
