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NJ Attorney General Leads Multistate Opposition to USPS Firearms Proposal

New Jersey

By: Tracie Carter 
 

AG Jennifer Davenport is leading a coalition of 22 states in opposing a proposed federal rule that could allow certain firearms to be shipped through the mail, warning it would undermine public safety and state laws.

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In a joint letter released Monday, the coalition challenged a proposal by the United States Postal Service to revise long-standing regulations that currently restrict the mailing of concealable firearms.

 

The proposed change follows a legal opinion issued earlier this year by the U.S. Department of Justice under the Trump Administration, which declared a nearly century-old federal statute unconstitutional and directed USPS to align its policies accordingly.

 

That law, in place since 1927, has historically barred the mailing of certain firearms. 

In their letter, state attorneys general argue that the executive branch does not have the authority to disregard a federal law that has never been struck down by the courts.

 

Davenport said the proposal would effectively turn the postal system into a pipeline for weapons entering states in ways that bypass existing safeguards.

 

According to the coalition, allowing firearms to be shipped through the mail without going through licensed dealers could make it easier for individuals prohibited from owning guns — including convicted felons and domestic abusers — to obtain them. 

Officials also warned it would complicate efforts by law enforcement to trace crime guns and increase investigative costs for already strained state budgets.
 

The letter also raises concerns that firearms banned under certain state laws, including assault-style weapons or silencers, could be shipped across state lines without proper oversight.

 

In New Jersey, where officials say nearly 80 percent of crime guns originate from out-of-state dealers, the proposed rule could weaken existing tracing systems and create new enforcement challenges.

 

The coalition further argued that the Second Amendment does not require USPS to allow the mailing of firearms, noting that the federal law in question regulates the shipment of weapons — not the right to own them — and aligns with historical restrictions on mailing firearms.

 

This marks at least the second time New Jersey has moved to defend the 1927 statute. In the ongoing federal case Shreve v. USPS, New Jersey joined New York and Delaware in intervening to support the law after the federal government declined to defend it.

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Along with New Jersey, the letter was co-led by New York and Delaware, with support from states including California, Illinois, Massachusetts, Washington, and the District of Columbia.

 

Officials are urging USPS to abandon the proposal and continue enforcing existing federal law.