Explore The NRA Universe Of Websites

APPEARS IN News

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.

TRENDING NOW
Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

News  

Monday, July 6, 2026

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

Virginia Governor Abigail Spanberger (D) and the General Assembly’s ruling anti-gun majority have delayed the enactment of one of their most controversial pieces of legislation, a severe restriction on Virginians’ ability to move about the ...

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

News  

Thursday, July 2, 2026

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

The final week of June brought a flurry of legal action on various gun control laws in the states.

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

Trump Reinforces Support for the Second Amendment During National AM250 Address

News  

Monday, July 13, 2026

Trump Reinforces Support for the Second Amendment During National AM250 Address

It may not need to be said, but we’ll keep saying it: Donald Trump is the most pro-Second Amendment president in the NRA’s history of protecting the right to keep and bear arms.  While the nation ...

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

News  

Thursday, July 2, 2026

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

We are not getting tired of heaping praise upon Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), as she continues to push the envelope when it comes ...

NRA Files Comments in Response to ATF’s Regulatory Reforms, Urges Participation!

News  

Monday, July 13, 2026

NRA Files Comments in Response to ATF’s Regulatory Reforms, Urges Participation!

Last week, NRA filed its first round of comments in response to ATF’s comprehensive regulatory overhaul. NRA’s latest input shows the Association’s efforts coming full circle.

NRA Files Lawsuit Challenging Illinois’s Waiting Period Requirement for Firearm Purchases

Wednesday, July 8, 2026

NRA Files Lawsuit Challenging Illinois’s Waiting Period Requirement for Firearm Purchases

The National Rifle Association filed a lawsuit challenging Illinois’s 72-hour waiting period requirement for firearm purchases.

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

News  

Monday, June 29, 2026

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

During remarks to American workers at a Mack Trucks facility in Macungie, Pa. on June 23, President Donald Trump reiterated his support for National Right-to-Carry Reciprocity and NRA.  

NRA Files Amicus Brief Urging Sixth Circuit to Strike Down NFA Restrictions on Short-Barreled Rifles

Monday, July 13, 2026

NRA Files Amicus Brief Urging Sixth Circuit to Strike Down NFA Restrictions on Short-Barreled Rifles

Today, the National Rifle Association, joined by the Firearms Policy Coalition, Second Amendment Foundation, and American Suppressor Association, filed an amicus brief in United States v. Machamer, urging the U.S. Court of Appeals for the ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.