DOJ Says Law-Abiding Americans Can Carry Guns in Public Post Offices
The United States Department of Justice has released a formal Office of Legal Counsel memorandum opinion clarifying that law-abiding Americans may carry constitutionally protected firearms into publicly accessible post offices for self-defense without violating federal criminal law. The opinion, dated August 12, 2026, and authored by Principal Deputy Assistant Attorney General Lanora C. Pettit, interprets 18 U.S.C. § 930(a), the longstanding prohibition on possessing firearms or other dangerous weapons in federal facilities, as not reaching ordinary self-defense carry in post offices open to the public.
Section 930(a) makes it a federal crime to knowingly possess a firearm in a federal facility, defined as a building or portion thereof owned or leased by the federal government where federal employees regularly perform official duties. Post offices clearly qualify under this definition. However, subsection (d)(3) creates an explicit exception for the “lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.”
The OLC concludes that self-defense constitutes a paradigmatic “lawful purpose.” Critically, the opinion holds that no special nexus is required between the reason a person enters the post office and the reason for carrying the firearm. Simply entering a public post office while lawfully armed for self-defense falls within the statutory exception.
The memorandum further determines that the longstanding Postal Service regulation at 39 C.F.R. § 232.1(l), which imposes a blanket ban on firearms on postal property, cannot be enforced against individuals covered by the statutory exception. A congressional statute prevails over an agency regulation. Therefore, neither federal prosecutors nor the Postal Service may impose criminal penalties under § 930(a) or the regulation against otherwise law-abiding citizens who carry for self-defense in post offices generally open to the public.
The opinion relies in part on the constitutional-avoidance canon. Reading § 930(a) to impose a near-total ban on carrying in public post offices would raise serious constitutional doubts under New York State Rifle & Pistol Association v. Bruen and subsequent cases. Post offices open to the public function more like retail establishments than sensitive places such as courthouses or legislative chambers. Historical tradition does not support a blanket prohibition on armed self-defense in such locations. By interpreting the “lawful purposes” exception broadly, the OLC avoids these constitutional problems without claiming that Congress lacks power to regulate firearms on federal property in general. The statute, properly construed, simply does not reach ordinary self-defense carry in public post offices.
The opinion is carefully limited in scope. It applies only to post offices that are generally open to the public. It does not address non-public postal facilities, secure areas, military installations, or other categories of federal buildings. Still, the reasoning is broad enough that it could, in theory, influence how the government approaches other public-facing federal facilities.
The release of the OLC opinion coincides with the Justice Department’s decision not to appeal a federal court ruling that effectively dismantled key permitting requirements under the National Firearms Act. Together, the two developments reflect a significant shift in how the Executive Branch interprets and enforces federal firearms restrictions.
As a formal OLC opinion, the memorandum binds the Executive Branch in its interpretation and enforcement of the statute. Federal prosecutors are directed not to charge law-abiding individuals who carry constitutionally protected firearms for self-defense into public post offices, and the Postal Service may not enforce its conflicting regulation against them. The practical result is that ordinary Americans who are legally permitted to carry firearms may now do so in the thousands of post offices open to the public across the country without fear of federal prosecution under § 930(a).
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @right2bear, or at www.crumpy.com.
