Constitutionality of 18 U.S.C. § 1715

Summary

This memorandum opinion of the Office of Legal Counsel examines whether 18 U.S.C. § 1715, which restricts mailing firearms capable of being concealed, complies with the Second Amendment. It concludes that the statute is unconstitutional as applied to constitutionally protected firearms, including handguns, and recommends that the Department of Justice cease enforcing it in that context. The opinion states that enforcement may continue for firearms lacking constitutional protection and advises the Postal Service to revise its regulations.

Holdings

1. Section 1715 substantially burdens the Second Amendment rights of law-abiding citizens by restricting the transportation, receipt, acquisition, and maintenance of constitutionally protected firearms, including handguns.
2. Section 1715 is unconstitutional as applied to constitutionally protected firearms because it serves an illegitimate purpose and is inconsistent with the Nation's historical tradition of firearm regulation.
3. The constitutional conclusion is limited to § 1715's application to constitutionally protected firearms and does not preclude enforcement against firearms lacking constitutional protection.
4. The Executive Branch may decline to enforce § 1715 with respect to constitutionally protected firearms because the statute is unconstitutional in that application.

Questions Presented

1. Whether 18 U.S.C. § 1715 violates the Second Amendment as applied to constitutionally protected firearms.
2. Whether the statute's restrictions on shipping and receiving firearms burden conduct protected by the Second Amendment.
3. Whether the statute is consistent with the Nation's historical tradition of firearm regulation under Bruen and Rahimi.
4. Whether the Executive Branch may decline to enforce § 1715 with respect to constitutionally protected firearms.
5. Whether the Postal Service must modify its regulations to conform to the opinion.

Disposition

other