Attorney General Brown Opposes Postal Service Rule Undermining Federal Gun Law

Published: 5/4/2026


​​​​​​​​​​​FOR IMMEDIATE RELEASE

Media Contacts
[email protected]
410-576-7009

BALTIMORE, MD – Attorney General Anthony G. Brown joined a multistate comment letter signed by 24 states opposing an unlawful proposal by the U.S. Postal Service (USPS) to allow a flood of prohibited weapons across state borders by mail, endangering the public and harming state and local budgets.

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 and the states. The letter explains that the longstanding federal law restricting the mailing of 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, individuals subject to restraining orders, 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 from owning a firearm could get a gun through the mail, despite Maryland’s sensible laws on who may possess guns. And the types of guns that might be mailed across state lines may even include those prohibited by Maryland law, such as “ghost guns.

This 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.

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 choice.

Attorney General Brown 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, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.

 

###​

​​