Attorney General Jennifer Davenport, together with the Attorneys General of New York and Delaware, has moved to intervene in a federal lawsuit to defend a longstanding federal firearms law. This action follows the Trump Administration’s decision not to defend the statute, which prohibits the U.S. Postal Service (USPS) from mailing certain concealable firearms.
The law in question, 18 U.S.C. 1715, was enacted by Congress in 1927 and has remained unchallenged for nearly a century. Last year, plaintiffs filed suit against it in Shreve v. USPS, currently before a federal court in Pennsylvania. In January 2026, the U.S. Department of Justice (DOJ) issued an opinion stating that the statute is unconstitutional as applied to some firearms, including handguns. The DOJ also announced it would no longer enforce the statute and directed USPS to update its regulations accordingly.
With the federal government stepping back from defending this law, New Jersey and its partner states are seeking permission from the court to intervene and have submitted arguments supporting its constitutionality.
“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 their legal briefings, if this statute were struck down by a court order, people prohibited under New Jersey law—including convicted felons or individuals subject to restraining orders—could potentially acquire firearms through mail without passing background checks or following permitting requirements. Weapons banned under state statutes such as ghost guns or silencers could also be sent across state lines via USPS.
The briefing notes that unlike private carriers such as UPS—which must comply with state firearm transfer regulations—the USPS lacks any statutory obligation ensuring packages conform with local gun laws. This gap could create new avenues for prohibited persons to receive weapons undetected by authorities.
New Jersey’s crime data shows that most guns recovered during investigations—79%—are traced back to out-of-state dealers licensed by federal authorities. Without access to trace data provided through regulated channels, state agencies would face higher costs for investigation and administration while losing tools used for tracking illegal gun flows.
In addition to their intervention motion, New Jersey and its partner states argue that this federal law does not violate Second Amendment rights because it regulates only how USPS may mail firearms rather than limiting individual ownership or possession rights. They note historical precedent: for much of U.S. history, mailing guns through USPS was not permitted; Congress’s decision in 1927 aimed at preventing criminal acquisition via postal services remains consistent with national tradition.
All three states involved have some of America’s strictest gun control measures and among its lowest rates of gun deaths: New Jersey ranked second-lowest nationally in 2023; New York third; Delaware twelfth lowest.
In New Jersey specifically—where statewide authority over public safety matters is vested in the Office of Attorney General Matthew Platkin—2025 marked a third consecutive year with record-low shooting victim counts since data tracking began in 2009 (source). The office plays a central role enforcing laws statewide (source), providing oversight across all counties (source), supporting victims and consumer protection efforts (source), and upholding public safety standards throughout New Jersey (source).
The motion was filed today in U.S. District Court for the Western District of Pennsylvania.
