WILMINGTON, Del. — Delaware Attorney General Kathy Jennings has joined attorneys general from New York and New Jersey in seeking to intervene in a federal lawsuit involving a long-standing law that restricts the mailing of certain firearms through the U.S. Postal Service.
The case, Shreve v. USPS, is pending in the U.S. District Court for the Western District of Pennsylvania. It challenges a 1927 federal statute, 18 U.S.C. 1715, which bars USPS from mailing certain concealable firearms. No court has previously found the statute invalid.
In January 2026, shortly before a legal brief was due in the case, AG Jennings says the U.S. Department of Justice issued an opinion concluding the statute is unconstitutional as applied to certain firearms, including handguns. The department said it would no longer enforce the law in those circumstances and directed USPS to issue updated regulations.
Jennings and the other states filed a motion to intervene, asking the court to allow them to defend the statute after the federal government declined to do so. They also filed a motion for summary judgment arguing the law is constitutional.
"If you needed any more confirmation that this Administration is bought and paid for by the gun lobby, look no further,” said Attorney General Kathy Jennings. “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.”
In court filings, the states argue that striking down the statute could affect their ability to enforce firearm regulations. They contend that allowing certain guns to be mailed could create challenges for states that require background checks, permits or prohibit specific types of firearms.
The filings state that individuals barred under state law from purchasing firearms — including convicted felons, domestic abusers and people subject to restraining orders — could attempt to obtain firearms by mail. The states also argue that certain firearms prohibited under state law, including ghost guns, could be shipped across state lines.
The attorneys general further argue that USPS, unlike private carriers such as UPS, DHL and FedEx, does not have a statutory obligation to ensure packages comply with state firearm transfer laws.
According to the filings, changes to the mailing restrictions could also affect law enforcement’s ability to trace firearms through the Bureau of Alcohol, Tobacco, Firearms and Explosives ETrace system. In 2023, Delaware used ETrace data to identify the purchasers of 79% of guns it searched that year, according to the state.
The states argue that if firearms are mailed outside the federal firearm licensee system, it may be more difficult to track how a gun moved before being used in a crime.
In a separate brief, the states argue the 1927 law does not violate the Second Amendment because it governs mailing practices rather than the right to keep and bear arms. They also cite historical restrictions on mailing firearms as part of their constitutional argument.
Delaware law prohibits possession of certain assault firearms, firearm silencers and other specified weapons. The state requires individuals seeking to purchase a handgun to obtain a Handgun Qualified Purchaser Permit and mandates background checks for sales or transfers between unlicensed individuals through a licensed firearm dealer.
The motions were filed in federal court in Pennsylvania.