Attorney General Jennifer Davenport, along with the Attorneys General of New York and Delaware, has moved to intervene in a federal lawsuit to defend a longstanding federal firearms law. The intervention comes after the Trump Administration declined to uphold the statute, raising concerns about the possibility of prohibited weapons being mailed across state lines.
The law in question, enacted by Congress in 1927 (18 U.S.C. 1715), prohibits the U.S. Postal Service (USPS) from mailing certain concealable firearms. For nearly a century, this statute has remained unchallenged in court until plaintiffs contested it last year in Shreve v. USPS, a case currently pending in Pennsylvania federal court. In January 2026, just before its legal brief was due in the case, the U.S. Department of Justice issued an opinion stating that the statute is unconstitutional as applied to some firearms, including handguns. The DOJ also announced it would stop enforcing this law and directed USPS to adjust its regulations accordingly.
With federal authorities declining to defend the law, Davenport and her counterparts have filed motions seeking permission to intervene and for summary judgment supporting the constitutionality of the statute.
“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.”
The states argue that overturning this statute could enable people prohibited from owning firearms under New Jersey law—including convicted felons and those subject to restraining orders—to obtain guns through mail services without undergoing required background checks or following permitting processes. They warn that items such as ghost guns or silencers—prohibited under New Jersey statutes—could also be acquired by mail if these restrictions are lifted.
Unlike private carriers like UPS, which may have internal compliance procedures regarding firearm shipments, USPS lacks statutory obligations ensuring packages comply with individual state gun laws. This situation could create loopholes for acquiring weapons outside existing legal frameworks.
Most crime guns recovered in New Jersey originate from out-of-state dealers; 79% are traced back to federal firearms licensees outside New Jersey. If trace data becomes less accessible due to increased use of mail services for gun transfers, local agencies would face higher investigative costs and challenges tracking firearm movements related to crimes.
The states also contend that this federal law does not violate Second Amendment rights because it regulates only postal delivery methods—not ownership or possession—and aligns with historical practices where USPS did not accept mailed firearms for much of its history.
New Jersey reports some of the lowest gun death rates nationally and recently marked its third consecutive year with record-low shooting victim numbers since tracking began in 2009.
According to information on the official website, New Jersey Attorney General Matthew Platkin oversees efforts aimed at protecting residents’ lives and property statewide through legal enforcement and public safety initiatives across all counties and municipalities (source). The office provides legal representation for state matters while supervising criminal investigations and offering support services such as crime labs and victim advocacy programs (source). Its statutory mandate includes regulating public safety issues throughout New Jersey (source).
The motion was filed today in U.S. District Court for the Western District of Pennsylvania.