A funny thing happened when the Department of Justice (DOJ) determined that mailing a handgun should no longer be subject to a federal ban. Three states decided to take on the role themselves and are going to battle.
Earlier this year, the DOJ announced that the nearly century-old ban violates the Second Amendment as it relates to legal weapons.
New York, New Jersey, and Delaware are convinced they possess greater wisdom than their compatriots regarding the Constitution. Never mind that the DOJ’s Office of Legal Counsel (OLC) found no substantial reason to continue the prohibition.
2A groups challenged the prohibition on sending handguns through the Postal Service
The trio of anti-gun enclaves filed a motion to intervene as defendants in Shreve v. United States Postal Service.
Gun Owners of America (GOA) and Gun Owners Foundation (GOF) filed suit last July challenging the law. When the OLC issued its opinion in January, it marked a red-letter day for Second Amendment rights.
State governments move to defend contentious federal law
Bonita Shreve of Pennsylvania, along with the GOA and GOF, sued over the federal law preventing her from mailing a handgun to her father. He lived in another part of the state, and the potential ramifications of using the Postal Service to transport a constitutionally protected item were too great.
How so? A violation could result in two years in prison and a $250,000 fine.
It is critical to note that the OLC announcement did not repeal the controversial law.
It means that the federal government will not defend the statute in court, as it does not meet the standard mandated by the high court’s monumental 2022 Bruen ruling.
Now, New York, New Jersey, and Delaware take on the mantle of the DOJ in defending an archaic federal law. The states asserted in the filing that they have vested interest in the restriction remaining in place, and that its repeal would upset their gun control apparatuses.
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