I finally received my m&p 15 and shot it for the first time. I'm in maryland so my 7 day background check took 112 days. I finally took it to the range and fount I was shooting about 2 inches to the right with my rear sight as far left as possible. I put the gun sight side down on a table and noticed that the front and rear sights were not flush and off a hair. Is this what is causing my issue and if so, is it something I can fix or should I send it back to smith and wesson. Thanks for any advice.

When placed sight side down, only 3 of the 4 sight points touch. The pic below shows how far off it is. Almost the width of a credit card. Is that enough to cause the rifle not to zero? And can I send this back for warranty repair.

Pull the upper and remove the carrier, now you can stabilize the unit and bore sight it on a 25 yard spot. This should give you a close idea of the relationship of bore to sight. Also check the mount is installed correctly and tight, I use a MBUS to double check sights and scopes and then replace it with the original.

Without seeing the rifle, it's hard to really determine what you have going on. If you are max out, then that right there tells you to check alignment of your optics on the rails. What gas block do you have up front, and which sight is on the front?
I've found that with the A2 post, the smith will usually get the gas block pretty straight. I have seen a couple low rise/ picatiny gas blocks set crooked. So, it's possible.
Next, look to the mounting of the rear sight in the carry handle. Is it crooked, and if so, why? Can you correct it?
Last, try to crank the sight all the way to the other side. Would not be the first time a guy got the left and right confused.