Screening of Mail Reasonably Suspected of Containing Nonmailable Firearms

POSTAL SERVICE

39 CFR Part 233

Screening of Mail Reasonably Suspected of Containing Nonmailable

Firearms

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: The Postal Service hereby requests comments on its proposed

regulation outlining the treatment of mail which is reasonably

suspected of being dangerous to persons or property. The rule also

contains language which allows for the screening of mail reasonably

suspected of containing nonmailable firearms.

EFFECTIVE DATE: Comments must be received on or before March 29, 1996.

ADDRESSES: Written comments should be directed to Chief Counsel,

Enforcement, Law Department, U.S. Postal Service, Room 6319, 475

L'Enfant Plaza SW, Washington, DC 20260-1148. Copies of all written

comments will be available at this address for inspection and

photocopying between 9 a.m. and 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: George C. Davis (202) 268-3076.

SUPPLEMENTARY INFORMATION: This document creates a new 233.11 of title

39, Code of Federal Regulations, to include the requirements for the

treatment of mail which is reasonably suspected of being dangerous to

persons or property. This rule is currently contained in the

Administrative Support Manual (ASM) as part 274, but this publication

will make it more widely available to the public.

Sections 233.11(a) and (a)(4) contain new language which allows for

the screening of mail reasonably suspected of containing nonmailable

firearms. Formerly, part 274 of the ASM allowed the examination of mail

only to identify explosives or other materials that would pose a danger

to life or property. This (proposed) rule would expand the existing

rule to permit screening for nonmailable firearms under the same

restrictions respecting mail privacy and delay.

The Postal Service has been advised by the Honorable Pedro Rosello,

Governor of Puerto Rico, that illegal firearms entering Puerto Rico by

various means, including the mails, pose a serious threat to the safety

of citizens of Puerto Rico. This information has been confirmed in

meetings with the Attorney General of Puerto Rico, local and federal

law enforcement officials, and officials of the U.S. Department of

Justice.

Practical and legal constraints limit our ability to ensure that

the mails are free of nonmailable firearms. These constraints were

summarized in the Federal Register at the time the rule permitting

limited screening of mail reasonably suspected of containing dangerous

matter was initially proposed and remain applicable today. See 55 FR

29637 (July 20, 1990).

Taking these constraints into account, this (proposed rule) would

authorize the least intrusive, least dilatory response to credible

situations where firearms already declared ``nonmailable'' by statute

or regulation are reasonably suspected of being in the mails.

Nonmailable firearms are defined in Section C024.1.0 of the Domestic

Mail Manual. They consist, primarily, of pistols, revolvers, and other

concealable firearms. Unloaded rifles and shotguns are mailable,

although the provisions of the Gun Control Act of 1968, 18 U.S.C. 921,

et seq. and regulations of the Bureau of Alcohol, Tobacco and Firearms

apply to the shipment of such weapons by mail or otherwise.

The proposed rule would attempt to balance the need to protect

personal safety, enforce existing laws, and regulations against the

mailing of nonmailable firearms, and protect personal privacy in the

use of the mails. As envisioned by the proposed rule, when the chief

postal inspector determines that a credible threat exists that certain

mail might contain nonmailable firearms, the inspector may authorize

the use of technology that is capable of identifying mail containing

such firearms in order to obtain probable cause for the issuance of a

Federal warrant to search and seize such mail. The rule would not

permit any screening method that would involve opening of sealed mail

or the reading of the contents of correspondence in sealed mail,

without the consent of the sender or addressee or under authority of a

Federal warrant. Moreover, the only screening which may be authorized

must be limited to the least quantity of mail necessary to respond to

the threat, and the screening must be performed without avoidable delay

of the mail. Any mail not of sufficient weight, for example, to contain

a nonmailable firearm will not be screened. In addition, international

transit mail will not be screened unless the postal treaties are

appropriately amended. Sworn reports of all screening methods conducted

by, or under supervision of, the Postal Service would be reported to

senior postal managers.

In view of the matters discussed above, although exempt from the

notice and comment requirements of the Administrative Procedure Act (5

U.S.C. 553(b), (c)) regarding proposed rule making by 39 U.S.C. 410(a),

the Postal Service invites comments on the following proposed new

section 233.11 of title 39, Code of Federal Regulations.

List of Subjects in 39 CFR Part 233

Law enforcement, Postal Service.

Accordingly, title 39 CFR, part 233, is proposed to be amended as

follows:

PART 233--INSPECTION SERVICE/INSPECTOR GENERAL AUTHORITY

1. The authority citation for part 233 continues to read as

follows:

Authority: 39 U.S.C. 101, 401, 402, 403, 404, 406, 410, 411,

3005(e)(1); 12 U.S.C. 3401-3422; 18 U.S.C. 981, 1956, 1957, 2254,

3061; 21 U.S.C. 881; Inspector General Act of 1978, as amended (Pub.

L. No. 95-452, as amended), 5 U.S.C. App. 3.

2. Part 233 is amended by adding Sec. 233.11 as follows:

Sec. 233.11 Mail reasonably suspected of being dangerous to persons or

property.

(a) Screening of mail. When the Chief Postal Inspector determines

that there is a credible threat that certain mail may contain bombs,

explosives, or other material that would endanger lives or property,

including firearms which are not mailable under section C024 of the

Domestic Mail Manual, the Chief Postal Inspector may, without a search

warrant or the sender's or addressee's consent, authorize the screening

of such mail by any means capable of identifying explosives,

nonmailable firearms, or other dangerous contents in the mails.

The screening must be within the limits of this section and without

opening mail that is sealed against inspection or revealing the

contents of correspondence within mail that is sealed against

inspection. The screening is conducted according to these requirements.

(1) Screening of mail authorized by paragraph (a) of this section

must be limited to the least quantity of mail necessary to respond to

the threat.

(2) Such screening must be done in a manner that does not avoidably

delay the screened mail.

(3) The Chief Postal Inspector may authorize screening of mail by

postal employees and by persons not employed by the Postal Service

under such instruction that require compliance with this part and

protect the security of the mail. No information obtained from such

screening may be disclosed unless authorized by this part.

(4) Mail of insufficient weight to pose a hazard to air or surface

transportation or to contain firearms which are not mailable under

section C024 of the Domestic Mail Manual and international transit mail

must be excluded from such screening.

(5) After screening conducted under paragraph (a) of this section,

mail that is reasonably suspected of posing an immediate and

substantial danger to life or limb, or an immediate and substantial

danger to property, may be treated by postal employees as provided in

paragraph (b) of this section.

(6) After screening, mail sealed against inspection that presents

doubt about whether its contents are hazardous, that cannot be resolved

without opening, must be reported to the Postal Inspection Service.

Such mail must be disposed of under instructions promptly furnished by

the Inspection Service.

(b) Threatening pieces of mail. Mail, sealed or unsealed,

reasonably suspected of posing an immediate danger to life or limb or

an immediate and substantial danger to property may, without a search

warrant, be detained, opened, removed from postal custody, and

processed or treated, but only to the extent necessary to determine and

eliminate the danger and only if a complete written and sworn statement

of the detention, opening, removal, or treatment, and the circumstances

that prompted it, signed by the person purporting to act under this

section, is promptly forwarded to the Chief Postal Inspector.

(c) Reports. Any person purporting to act under this section who

does not report his or her action to the Chief Postal Inspector under

the requirements of this section, or whose action is determined after

investigation not to have been authorized, is subject to disciplinary

action or criminal prosecution or both.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 96-4552 Filed 2-26-96; 8:45 am]

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