Trump Administration Pushes Gun Deregulation Through Executive Action, Bypassing Congress

The Trump administration is quietly dismantling federal gun regulations through executive action, sidestepping Congress to advance an NRA-backed deregulation agenda that includes mailing handguns through the postal service and removing veterans from background check systems.

Handguns Through the Mail

The United States Postal Service announced a proposed rule last week that would allow handguns to be shipped through the mail for the first time in nearly a century. The change follows a Department of Justice Office of Legal Counsel opinion declaring the longstanding federal prohibition on mailing "concealable" firearms unconstitutional.

Under the proposed rule, handguns would be treated the same as rifles and shotguns for mailing purposes, provided they are unloaded. The USPS is accepting public comments on the proposal through May 4, 2026, via email to [email protected].

The current restriction dates back nearly 100 years and was enacted to address concerns about concealed weapons being easily transported across state lines. The Trump administration's legal reinterpretation overturns that policy without congressional input.

Veterans Removed From Background Check Database

In a separate move, the FBI and Department of Veterans Affairs coordinated to remove records of VA beneficiaries from the National Instant Criminal Background Check System (NICS). These veterans had been flagged as prohibited persons solely because they were assigned a fiduciary to help manage their benefits.

According to government sources, the FBI updated NICS on March 6 to remove these records. The VA has begun mailing letters to affected beneficiaries notifying them of the change and confirming that future reporting to NICS on this basis will end.

While veterans' rights advocates have long criticized the practice of treating fiduciary assignment as grounds for firearm prohibition, the removal raises questions about oversight. The policy change was implemented through executive directive rather than legislative reform, with no public debate about appropriate safeguards.

Justice Department Builds Legal Team to Challenge State Gun Laws

Assistant Attorney General Harmeet Dhillon announced last week that the Justice Department's Civil Rights Division is hiring and training additional lawyers specifically for its Second Amendment section. According to The Washington Times, Dhillon's stated goal is to have "all state regulations that are inconsistent with pro-Second Amendment cases be struck down, settled or withdrawn" before she leaves office.

This represents a significant expansion of federal intervention in state-level gun policy. Rather than allowing states to set their own public safety regulations within constitutional bounds, the Trump administration is building legal infrastructure to actively challenge state laws through litigation.

The initiative stems from President Trump's Executive Order on Protecting Second Amendment Rights, issued over a year ago, which launched a federal review of regulations restricting firearm ownership. That order directed agencies to identify and eliminate restrictions the administration deems unconstitutional, effectively conducting a regulatory audit based on the executive branch's preferred interpretation of the Second Amendment.

Governing by Executive Fiat

These policy changes share a common thread: they bypass the legislative process entirely. Congress has not passed new laws expanding gun rights or removing veterans from background check systems. Instead, the Trump administration is using executive orders, agency rule changes, and legal opinions to rewrite federal gun policy unilaterally.

This approach mirrors the administration's broader pattern of governing through executive action rather than working with Congress to pass legislation. Whether the issue is immigration enforcement, regulatory rollbacks, or gun policy, the Trump White House has consistently chosen executive fiat over the constitutional process of lawmaking.

The NRA-ILA, which published the original announcement of these changes, celebrated the moves as "watershed" efforts on behalf of gun owners. The organization's enthusiasm underscores the close alignment between the administration's policy agenda and the gun lobby's priorities.

Public comment periods on the USPS rule remain open, but the broader trajectory is clear: the Trump administration is remaking federal gun policy through executive power, with or without public input or congressional approval.