Illegally possessed firearms seized by authorities are displayed during a news conference Tuesday, Oct. 9, 2018, in Los Angeles. California Attorney General Xavier Becerra and Los Angeles County Sheriff Jim McDonnell announced a joint operation designed to remove illegally possessed weapons and ammunition from individuals registered in the Armed Prohibited Persons System database. (AP Photo/Jae C. Hong)

LANSING – Michigan Attorney General (AG) Dana Nessel has joined a multistate comment letter signed by 22 states opposing a U.S. Postal Service (USPS) proposal that would allow the mailing of certain firearms across state borders.

Since 1927, federal law has prohibited the USPS from mailing certain concealable firearms. According to the Michigan Attorney General’s office, that statute has never been found unconstitutional by a court.

In January, the U.S. Department of Justice (DOJ) issued a Memorandum Opinion for the Attorney General concluding that the statute is unconstitutional and stating it would no longer enforce it, while directing USPS to modify its regulations accordingly.

Four months later, the USPS published a proposed rule to amend Publication 52, Hazardous, Restricted, and Perishable Mail, to align with the DOJ Office of Legal Counsel’s opinion on the constitutionality of Section 1715 of title 18 U.S. Code, which prohibits the mailing of concealable firearms.

In a press release, the Michigan Department of Attorney General said the coalition argues the longstanding federal restriction is constitutional and that the executive branch cannot unilaterally authorize conduct that Congress has prohibited since 1927.

The letter also argues that allowing firearms to be mailed without going through a licensed seller could make it easier for prohibited individuals, including felons and domestic abusers, to obtain firearms.

It also raises concerns that mailed firearms could include weapons restricted under state law, such as assault weapons or silencers, and warns that individuals prohibited from owning firearms could obtain them through the mail, despite state laws governing firearm possession.

The coalition further claims the change would complicate law enforcement investigations by reducing the effectiveness of firearms tracing tools and increasing investigative costs.

“The U.S. Postal Service should not be used as a loophole for criminals to bypass Michigan law and flood our streets with untraceable firearms,” Nessel said. “By illegally and unilaterally dismantling protections that have been in place for nearly 100 years, the Trump administration is making our communities less safe. I stand with my colleagues in opposing this absurd proposed rule.”

The coalition argues that, unlike private carriers such as UPS, USPS does not recognize a 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.

Nessel was joined in signing the comment letter by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.

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Sophie Vogelmann can be reached at 906-786-2021 or svogelmann@dailypress.net.