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Letitia James & Co. Sue to Bring Federal Gun Control Back from the Dead

Monday, March 9, 2026

Letitia James & Co. Sue to Bring Federal Gun Control Back from the Dead

How times have changed. A little over a year ago, the most anti-Second Amendment President ever and his executive branch’s gun control agenda “had gun owners under siege on all fronts.” The tectonic shift under the new Trump administration has left anti-gun politicians and activists flailing. 

Last week, the attorneys general of Delaware, New York and New Jersey applied to intervene in a case to defend a federal law because the federal government itself refused to do so, having conceded the statute “evinces a constitutionally impermissible purpose and does not accord with the Nation’s history and tradition of firearm regulation.”

The law at issue is 18 U.S.C. 1715, which prohibits the U.S. Postal Service (USPS) from mailing certain firearms. Subject to the listed exceptions, “[p]istols, revolvers, and other firearms capable of being concealed on the person are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service.” The law applies only to the USPS, not private carriers, and a violation is punishable by a fine, imprisonment of up to two years, or both.

The law and related regulations are being challenged in a federal court case, Shreve v. USPS. The complaint alleges that the Prohibition-era statute (“the nation’s first federal gun control law”) violates the Second Amendment under the test in N.Y. State Rifle & Pistol Ass’n v. Bruen and is unconstitutional: “the U.S. Postal Service traces its lineage to 1775, and it has existed through the Founding era and beyond. But at no point did the Founders ever criminalize the mailing of handguns as the challenged statute does now.”

The U.S. Department of Justice (DOJ) concurs. A 15-page legal opinion from the DOJ’s Office of Legal Counsel in January notes that handguns come within the core of the “arms” protected by the Second Amendment. The law “ultimately aims to suppress traffic in constitutionally protected articles thus rendering the law per se unconstitutional as to those articles, and we are aware of no historical analogues” that would show this “unprecedented restriction is consistent with Nation’s historical tradition of firearm regulation.” As “long as Congress chooses to run a parcel service, the Second Amendment precludes it from refusing to ship constitutionally protected firearms to and from law-abiding citizens, even if they are not licensed manufacturers or dealers.” Consistent with the Executive’s duties under the Constitution, the DOJ “should cease prosecutions under the statute with respect to protected firearms” and proceed with the necessary modification of USPS regulations.

Astonishingly, after the federal government’s reasoned and unequivocal refusal to defend this law, the chief law enforcement officers of the three states filed a motion seeking to intervene, as they bizarrely phrase it, “to provide the Second Amendment defense that no other party currently will.” They also seek an order of summary judgment dismissing the lawsuit and a ruling in favor of the named defendants, the USPS and federal DOJ.

Their press releases explaining these maneuverings reach for the standard well-worn gun control buzzwords, “illegal guns,” “loophole” and “commonsense gun safety measure.” Letitia James, the NY Attorney General, also claims that if the law is not upheld, it will raise costs due to state police snooping through the mail: “state law enforcement would have to spend significant resources creating entirely new investigative and tracking systems to address the unregulated mailing of concealable firearms, including ghost guns, through USPS.”

The press release from James’ counterpart in Delaware is more candid, pointing to the federal administration no longer serving the same agenda. AG Jennings fumes that “[i]f you needed any more confirmation that this Administration is bought and paid for by the gun lobby, look no further. There is no good reason – none – to do away with a nearly century-old common-sense gun safety measure like this one. If the White House isn’t going to step up to keep this law in place, then we will.”

It remains to be seen whether the court will grant the motions to intervene and summary judgment. Doing so may represent an empty victory, now that the federal government has announced its position on the validity and enforceability of the law.  

The government’s refusal to defend an indefensible law is good news for America’s gun owners, and it is to be hoped this resolve to protect constitutional rights extends to future decision-making.

As for the anti-gun state officials, it says a lot that they are not content merely to enforce their own unconstitutional gun control laws but will spend their constituents’ hard-earned dollars to try to resurrect other such infringements from the dead.

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Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Washington: Governor Signs 3D-Printing Ban

Thursday, March 26, 2026

Washington: Governor Signs 3D-Printing Ban

The Washington legislature adjourned sine die from the 2026 legislative session on March 12. 

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

Thursday, March 26, 2026

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

This morning, alongside firearm industry and advocacy partners, Governor Cox signed House Bill 214 into law during a ceremony in Salt Lake City, marking a significant legislative victory for protecting lawful commerce in the firearms ...

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

News  

Monday, March 23, 2026

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

Anti-gun lawmakers in Virginia’s General Assembly recently earned well-deserved scorn by trying to create a special carveout for themselves in one of their numerous gun control bills. 

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Thursday, March 26, 2026

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Florida Attorney General James Uthmeier has taken the position—consistent with the NRA’s—that nonviolent felons retain their Second Amendment rights.  

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

News  

Monday, March 23, 2026

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

Friday, March 20, brought the sad news that Chuck Norris, a great American patriot, had died. He was 86 years old.

Ohio: Senate Passes Suppressor Legislation

Wednesday, March 25, 2026

Ohio: Senate Passes Suppressor Legislation

Today, The Senate passed SB 214 by a vote of 31-1, legislation to remove firearm suppressors from the definition of “dangerous ordnance” in the Ohio Revised Code. This legislation now goes to the house where ...

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.