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DOJ Memorandum: A Potential Shift in Federal Gun Law Enforcement

A recent DOJ memorandum claims a federal law regarding the mailing of handguns (18 USC 1715) violates the Second Amendment, potentially marking a significant shift in federal gun law interpretation.

2nd Amendment AdvisorGun ShowAug 12, 20263 min read0 views

When the Department of Justice (DOJ) steps up and challenges a federal statute, it’s not just a memo—it's a seismic event for Second Amendment rights. Historically, we've seen state-level regulations create the most immediate friction, but a declaration from the DOJ that a federal law is unconstitutional? That's a whole different ballgame.

The recent memorandum, issued by the Office of Legal Counsel, zeroes in on 18 USC 1715. For those who keep up with the brass and the law, this law prohibits the mailing of concealable handguns, pistols, and revolvers through the USPS. On its face, it sounds like a simple administrative regulation, but the legal implications are massive, touching the fundamental right to transport and maintain constitutionally protected firearms.

The core argument, as laid out in the memo, is that this 1927 law violates the Second Amendment. The legal precedent being cited—and this is key—is the principle established in *Bruen*, which demands that any restriction on gun ownership must be grounded in the history and tradition of American law.

For years, the discussion around federal law tended to focus on state overreach. The states, frankly, have been worse than the federal government on general matters of gun control. But this memo changes the focus. It presents a first-of-its-kind attempt by the federal government’s legal apparatus to declare a federal statute itself unconstitutional.

This is the kind of institutional win we need. It demonstrates a clear legal path forward, one that doesn't rely on the patchwork chaos of individual state codes, but on established constitutional principle.

To understand the gravity here, you have to understand the source. The Office of Legal Counsel (OLC) is the super-intellectual engine room of the DOJ. They are the ones who advise the Attorney General and the President on legal positions. When they issue a memo declaring a federal statute unconstitutional, they are making a monumental claim that echoes through every facet of federal enforcement.

The memorandum specifically argues that 18 USC 1715, by restricting the ability to transport and receive constitutionally protected handguns, imposes a burden that has no analog in the nation's history of firearm regulation. It’s a direct attempt to use constitutional history to dismantle modern restrictions.

What This Means for the Range Master and the Owner

For the everyday gun owner, whether you’re running a long-range precision rifle course, reloading brass for your bolt action rig, or just practicing CCW carry with your 1911, this kind of legal clarity is invaluable. It bolsters the principle that the right to own and carry firearms is robust, and that federal law cannot arbitrarily restrict the mechanics of ownership.

While legal interpretations are always subject to court challenge and legislative action, this memo provides powerful ammunition for the constitutional argument. It shifts the debate from 'what can be banned' to 'what is historically protected.'

We need to stay informed, and we need to stay active. The best way to ensure that our constitutional rights remain ironclad is to continue supporting the trades, participating in local gunsmithing, and keeping the skills sharp. If you're building out a custom AR-15 platform, or if you're ready to take that advanced scope class, now is the time to dive back into the ecosystem.

Don't wait for a courtroom ruling to tell you what you can do. Find a local Range Master, list your custom build in the marketplace, or take a long-range class and keep the skills—and the constitutional knowledge—sharp. The fight for the Second Amendment is about more than just law; it's about the culture of the gun.

Frequently Asked Questions

The DOJ memo challenges 18 USC 1715, which prohibits the mailing of concealable handguns, pistols, and revolvers through the US Postal Service.

It is significant because it represents a first example of the Department of Justice using its own legal counsel to declare a federal statute unconstitutional, citing the Second Amendment.

The memo cites the principle established in the Supreme Court case Bruen, which requires that any restriction on gun ownership must be grounded in the history and tradition of American law.

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