DOJ Drops Defense of Post Office Carry Ban

The Trump administration is no longer defending the ban on lawful carrying at postal facilities, abandoning an appeal to the Fifth Circuit after a district court judge held the ban to be unconstitutional. 

The decision by the DOJ leaves the district court injunction in place, meaning the individual and organizational plaintiffs can now carry in federal postal facilities. Judge Reed O’Connor’s injunction applies to all members of Firearms Policy Coalition and Second Amendment Foundation, regardless of whether they were members at the time the lawsuit was filed. 

In a statement, FPC head Brandon Combs declared the DOJ “spent far too long defending an immoral and unconstitutional ban that treated peaceable Americans like criminals,” adding that “after losing on the merits and failing to gut the relief protecting our members, the government is finally waving the white flag. Good.” 

This victory protects every present and future member of the FPC Grassroots Army, and it proves once again that membership can have real, direct consequences for the exercise of constitutional rights. But the government deserves no credit for finally abandoning its authoritarian effort to preserve an unconstitutional and immoral law. FPC will continue to Fight Forward until every unconstitutional gun ban is eliminated, full stop.”

“This is huge news for SAF members,” SAF Senior Director of Legal Operations Bill Sack said in response to the DOJ’s decision. “We now have finality and clarity that the hard-fought injunction we secured on behalf of our members, striking down the post office carry ban is the permanent outcome of the case. The government appears to now agree, especially in light of the recent Wolford decision, that the ban on the lawful carry of firearms in post offices fails constitutional muster.”

This is definitely a victory for gun owners, though some on social media don’t see it that way. 

So now the plaintiffs can carry in post offices, no one else can, and the plaintiffs no longer have standing to challenge the law. FLAWLESS VICTORY! not

— The Nybbler (@The_Nybbler) July 16, 2026

Doesn’t this mean it can’t go to the Supreme Court?

— Matthew Kando (@MattioliMan) July 17, 2026

This is dumb- why is it only for members? This needs to be nationwide for all Americans not just FPC members.

— AREX (@AG211382431) July 16, 2026

You can thank the Supreme Court for the lack of a universal injunction here (and in other cases). In CASA v. Trump, the Court cast strong doubt on the constitutionality of district court judges imposing nationwide injunctions, which is why the relief granted by O’Connor applies only to the individual plaintiffs and members of the organizations who sued. The DOJ had asked that the injunction apply only to those who were SAF and FPC members at the time the lawsuit was filed, but O’Connor rejected that argument and made the injunction as broad as possible. 

Yes, this does mean that the case will not continue, so the Supreme Court will not have the opportunity to review the case. There’s no guarantee, of course, that the Court would have granted cert even if the litigation had continued. 

The terms of the injunction are as follows:

The Court ENJOINS the Government from the following actions against Plaintiffs:

1. Interpreting or enforcing 39 C.F.R. § 232.1(1) to prohibit Plaintiffs’ (and their members) possession and carrying of firearms inside of an ordinary United States Post Office or the surrounding Post Office property. An ordinary United States Post Office is defined as a United States Post Office that is not located inside of (1) a Military Base or similarly restricted access area, or (2) a Federally owned or leased building housing government functions other than a United States Post Office in which carrying a firearm would otherwise be prohibited.

2. Interpreting or enforcing 18 U.S.C. § 930(a) to prohibit Plaintiffs’ (and their members) possession and carrying of firearms inside of an ordinary United States Post Office or the surrounding Post Office property. An ordinary United States Post Office is defined as a United States Post Office that is not located inside of (1) a Military Base or similarly restricted access area, or (2) a Federally owned or leased building housing government functions other than a United States Post Office in which carrying a firearm would otherwise be prohibited.

Basically, if you’re an FPC or SAF member you can now lawfully carry in standalone post offices that aren’t located on military bases. 

This is a great reason to join either or both organizations. My hope is that Congress will repeal the statutes at issue here, but until that happens the only way to know that you can carry in these facilities without issue is to become an FPC and SAF member. 

Editor’s Note: President Trump and Republicans across the country are doing everything they can to protect our Second Amendment rights and right to self-defense.

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