TRENTON, N.J. — New Jersey Attorney General Jennifer Davenport and her counterparts in New York and Delaware are seeking to intervene in a federal lawsuit to defend a century-old law that bars the mailing of certain concealable firearms, after the U.S. Department of Justice declined to defend the statute.
The states filed a motion in the U.S. District Court for the Western District of Pennsylvania in Shreve v. USPS, a case challenging a 1927 federal law, 18 U.S.C. 1715, that prohibits the U.S. Postal Service from mailing certain concealable firearms.
In January, shortly before a brief was due in the case, the Justice Department issued an opinion concluding the statute is unconstitutional as applied to certain firearms, including handguns. The department said it would no longer enforce the law and directed USPS to issue regulations consistent with that position.
In response, the three states are asking the court to allow them to intervene and are seeking summary judgment arguing the law is constitutional.
“If the Trump Administration refuses to defend critical federal firearms law, the states’ chief law enforcement officers will rise to the challenge,” said Attorney General Davenport. “Federal law prevents USPS from mailing guns to circumvent critical state background check laws, a key tool to keep guns out of the hands of felons, domestic abusers, and individuals in mental health crises. Just as I am proud to defend those commonsense state laws, I am proud to defend the federal laws that ensure our background check systems can do their job.”
According to the states’ filing, striking down the statute could allow individuals prohibited from owning firearms under state law — including convicted felons, domestic abusers and those subject to restraining orders — to obtain guns through the mail without undergoing background checks.
The attorneys general argue that concealable firearms, including weapons prohibited under some state laws such as ghost guns or silencers, could be shipped across state lines through USPS, creating what they describe as a loophole in state firearms regulations.
They also contend that USPS, unlike private carriers, has no statutory obligation to ensure firearm shipments comply with state acquisition or transfer laws.
In New Jersey, authorities say 79% of crime guns recovered in the state are traced to out-of-state federally licensed dealers. The states argue that permitting firearms to be mailed could complicate tracing efforts and increase investigative costs for law enforcement agencies.
In their court filings, the states maintain the statute does not violate the Second Amendment because it regulates the mailing of firearms through USPS, not the right to keep and bear arms. They also argue the law is consistent with historical practice, noting that firearms were largely not accepted for mailing for much of the nation’s history.
New Jersey, New York and Delaware all have relatively low gun death rates compared with other states, according to 2023 data cited by the attorneys general. New Jersey officials also noted that 2025 marked the third consecutive year with the fewest shooting victims since statewide tracking began in 2009.
The case remains pending in federal court in Pennsylvania.
