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2026-07-06 10:51:44 -04:00

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LegalText 39 U.S.C. § 3007 Detention of mail for temporary periods us united_states_code code_section 39 POSTAL SERVICE 30 NONMAILABLE MATTER 3007 39 U.S.C. § 3007 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc39@119-100.zip /us/usc/t39/s3007 data/legal/raw/us/code/title-39/usc39.xml d1fddf94028b0bb57ba453d55c596102e75700b8d65c926beb7eb7c22b508dcf ccea35969be78d053165f1170bf2aa826a68e5b4dea1fe3356d8a09e86e19a65 80955b11717492a189a44e978da6e11a5e9a23ba03d705d528bddbb85c69b87c 2026-07-04 official
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39 U.S.C. § 3007 - Detention of mail for temporary periods

Text

(a) (1) In preparation for or during the pendency of proceedings under section 3005, the Postal Service may, under the provisions of section 409(d), apply to the district court in any district in which mail is sent or received as part of the alleged scheme, device, lottery, gift enterprise, sweepstakes, skill contest, or facsimile check or in any district in which the defendant is found, for a temporary restraining order and preliminary injunction under the procedural requirements of rule 65 of the Federal Rules of Civil Procedure.

(2) (A) Upon a proper showing, the court shall enter an order which shall—

(i) remain in effect during the pendency of the statutory proceedings, any judicial review of such proceedings, or any action to enforce orders issued under the proceedings; and

(ii) direct the detention by the postmaster, in any and all districts, of the defendants incoming mail and outgoing mail, which is the subject of the proceedings under section 3005.

(B) A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under section 3005.

(3) Mail detained under paragraph (2) shall—

(A) be made available at the post office of mailing or delivery for examination by the defendant in the presence of a postal employee; and

(B) be delivered as addressed if such mail is not clearly shown to be the subject of proceedings under section 3005.

(4) No finding of the defendants intent to make a false representation or to conduct a lottery is required to support the issuance of an order under this section.

(b) If any order is issued under subsection (a) and the proceedings under section 3005 are concluded with the issuance of an order under that section, any judicial review of the matter shall be in the district in which the order under subsection (a) was issued.

(c) This section does not apply to mail addressed to publishers of newspapers and other periodical publications entitled to a periodical publication rate or to mail addressed to the agents of those publishers.

(Pub. L. 91375, Aug. 12, 1970, 84 Stat. 747; Pub. L. 106168, title I, § 105(a), Dec. 12, 1999, 113 Stat. 1810.)

Notes

Editorial Notes

References in TextRule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (a)(1), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments1999—Pub. L. 106168 added subsecs. (a) and (b), struck out former subsec. (a) which provided for injunctive relief and other orders by the district court in which the defendant gets his mail, and redesignated former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1999 AmendmentAmendment by Pub. L. 106168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106168, set out as a note under section 3001 of this title.

Effective DateSection effective July 1, 1971, pursuant to Resolution No. 719 of the Board of Governors. See section 15(a) of Pub. L. 91375, set out as a note preceding section 101 of this title.