James Fights to Uphold Gun Shipping Ban Amidst DOJ Retreat
NEW YORK – A showdown is brewing over the right to ship firearms through the United States Postal Service, and New York Attorney General Letitia James isn’t backing down. She’s joined forces with her counterparts in New Jersey and Delaware to actively *defend* a nearly century-old federal law – Section 1715 of the U.S. criminal code – after the Trump administration’s Office of Legal Counsel bizarrely deemed it a potential Second Amendment violation. The Department of Justice, shockingly, then threw in the towel, refusing to defend the law in court.
The stakes are high. Section 1715, enacted in 1927, specifically prohibits the mailing of concealable firearms via USPS, with exceptions for licensed dealers. It was designed to prevent criminals from skirting state and local gun laws. But the DOJ’s reversal opens a gaping hole for illegal gun trafficking, allowing weapons to flow across state lines with little oversight. James and the coalition have filed a motion to intervene and a motion for summary judgment, demanding the court dismiss the lawsuit challenging the law’s constitutionality.
“Firearms trafficked from other states are a major source of gun violence in communities across New York,” James stated bluntly. “Laws like Section 1715 are critical to our efforts to stop the flood of dangerous weapons that are putting New Yorkers at risk. If the federal government won’t defend this law to keep people safe, we will.” The AG’s office argues that gutting Section 1715 would overwhelm law enforcement, forcing them to build entirely new tracking systems to combat the unregulated flow of firearms, including untraceable “ghost guns,” through the postal system.
The legal argument, as laid out in the motion, isn’t about restricting gun ownership itself. It’s about regulating *how* firearms are transported. The coalition contends Section 1715 doesn’t infringe on the Second Amendment because it merely controls a method of transfer, not the right to “keep” or “bear” arms. Furthermore, they point to a long history of postal regulations dating back to the nation’s founding, including a period where firearms were explicitly prohibited from being mailed.
Back in 1792, the Postal Service limited shipments to letters, newspapers, and a select list of goods – firearms weren’t on it. Even when pistol shipments were later permitted in the late 1800s, postal workers faced serious danger from loaded weapons and explosives. Congress passed Section 1715 after the Postmaster General warned that the USPS was becoming a conduit for evading state and local gun laws. The bill enjoyed overwhelming bipartisan support, including backing from the New York City Police Department (NYPD).
The fight is far from over. But Attorney General James is making it clear: she won’t let the federal government’s inaction endanger New Yorkers. This isn’t just a legal battle; it’s a direct response to what James views as a dangerous abdication of responsibility by the DOJ, leaving communities vulnerable to the consequences of unchecked gun trafficking. The court’s decision will have far-reaching implications for gun control efforts nationwide, and James is determined to ensure Section 1715 remains a vital tool in keeping illegal firearms off the streets.
Key Facts
- State: New York
- Agency: NY AG
- Category: Weapons|Organized Crime
- Source: Official Source ↗
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