Ban on Guns in Post Offices Is Unconstitutional, US Judge Rules

[PatMiles]

https://www.usnews.com/news/top-news/articles/2024-01-13/ban-on-guns-in-post-offices-is-unconstitutional-us-judge-rules

(Reuters) - A federal judge in Florida on Friday ruled that a U.S. law that bars people from possessing firearms in post offices is unconstitutional, citing a landmark U.S. Supreme Court ruling from 2022 that expanded gun rights.
U.S. District Judge Kathryn Kimball Mizelle, an appointee of Republican former President Donald Trump in Tampa, reached that conclusion in dismissing part of an indictment charging a postal worker with illegally possessing a gun in a federal facility.
Mizelle said that charge violated Emmanuel Ayala's right to keep and bear arms under the U.S. Constitution's Second Amendment, saying "a blanket restriction on firearms possession in post offices is incongruent with the American tradition of firearms regulation."
She declined to dismiss a separate charge for forcibly resisting arrest. Ayala's lawyer and a U.S. Justice Department spokesperson did not respond to requests for comment.
The decision marked the latest court decision declaring a gun restriction unconstitutional following the conservative-majority Supreme Court's June 2022 ruling in New York State Rifle & Pistol Association v. Bruen.
That ruling recognized for the first time that the Second Amendment protects an individual's right to carry a handgun in public for self-defense. It also established a new test for assessing firearms laws, saying restrictions must be "consistent with this nation's historical tradition of firearm regulation."
Ayala, a U.S. Postal Service truck driver in Tampa, had a concealed weapons permit and kept a Smith & Wesson 9mm handgun in a fanny pack for self-defense, his lawyers said.
He was indicted after prosecutors said he brought the gun onto Postal Service property in 2012 and fled federal agents who tried to detain him.
He was charged under a statute that broadly prohibits possessing a firearm in a federal facility, including a post office.
Mizelle said that while post offices have existed since the nation's founding, federal law did not bar guns in government buildings until 1964 and post offices until 1972. No historical practice dating back to the 1700s justified the ban, she said.
Mizelle said allowing the federal government to restrict visitors from bringing guns into government facilities as a condition of admittance would allow it to "abridge the right to bear arms by regulating it into practical non-existence."

 

[Conaso]

About time someone showed some common sense. I understand disallowing carry into a USPS or DEA workarea, warehouse, office, etc.
but a public area - BS.

 

[Gunfighter14e2]

I've been in some post offices I thought I was going to need a belt fed to get out of. Some have been more entertaining than a Waffle House on Saturday night.

 

[Maser]

I've been in some post offices I thought I was going to need a belt fed to get out of. Some have been more entertaining than a Waffle House on Saturday night.

I've felt very similar about my times in the DMV.

 

[TACC]

I've felt very similar about my times in the DMV.

I agree, but the problem with the DMV, is it is a state run clusterfuck, not a federal one, so at least in Florida it is still a nogo.

 

[kenny1773]

Now what we need is a headline that reads

Ban on guns is unconstitutional ANYWHERE on US soil, judge rules

hoping this is a start

 

[Longshot231]

From the article:

"Mizelle said that while post offices have existed since the nation's founding, federal law did not bar guns in government buildings until 1964 and post offices until 1972. No historical practice dating back to the 1700s justified the ban, she said."

 

[Franko]

Good news.

 

[atomic41]

You can thank Clarence Thomas for the text, history and tradition test.

 

[sirhrmechanic]

Used to be Postal Workers were the best-armed crazies in the nation!

Going Postal… it was a thing!

Sirhr

 

[Gunfighter14e2]

Going Postal… it was a thing!

WAS?

 

[sirhrmechanic]

WAS?

It’s just not called that any more!

No one says “going full Luby’s” either.

We old.

Sirhr

 

[Gunfighter14e2]

It’s just not called that any more!

No one says “going full Luby’s” either.

We old.

Sirhr

Remember when a old time member here was doing S/H Tee shirts back when, and he was always telling story's about the "Blue Hair" in his PO? That was some funny shit.

 

[Maxduty]

From the article:

"Mizelle said that while post offices have existed since the nation's founding, federal law did not bar guns in government buildings until 1964 and post offices until 1972. No historical practice dating back to the 1700s justified the ban, she said."

Like the NFA of '34 of the MG ban in '86?

 

[Holliday]

It’s about damn time. Besides not being able to conduct USPS business if you are traveling say on a bicycle with your ccw, there seems to be a broad interpretation of where this applies.

The ban is not just limited to the building but to “postal property”. So if you are going about your day carrying, coming from the range or hunting and park on the property you are in violation to conduct USPS business.

I have even heard the sidewalks in front of the postal building referred to as “their property”. I believe we have seen the same such assertions with school zones.

I recently heard a noted 2A lawyer going on about driving within 1000’ of school zone while engaged in Constitutional carry as being a felony and loss of gun rights. Apparently a ccw protects you in this instance. The premise was that folks were unwittingly risking their gun rights everyday without a clue.

Not sure if this case will get us constitutional carry in the buildings but the outside property, especially in a vehicle, would be a step forward.

“Exclusions” and “restrictions” have been fertile ground for the Anti-2A crowd for a while now. What is the point of legal carry if everywhere you go it is illegal to carry? Some areas have even made grocery stores “sensitive areas”. We allowed churches to get away with this crap for too long, setting a precedent……

 

[Bbracken667]

https://www.usnews.com/news/top-news/articles/2024-01-13/ban-on-guns-in-post-offices-is-unconstitutional-us-judge-rules

(Reuters) - A federal judge in Florida on Friday ruled that a U.S. law that bars people from possessing firearms in post offices is unconstitutional, citing a landmark U.S. Supreme Court ruling from 2022 that expanded gun rights.
U.S. District Judge Kathryn Kimball Mizelle, an appointee of Republican former President Donald Trump in Tampa, reached that conclusion in dismissing part of an indictment charging a postal worker with illegally possessing a gun in a federal facility.
Mizelle said that charge violated Emmanuel Ayala's right to keep and bear arms under the U.S. Constitution's Second Amendment, saying "a blanket restriction on firearms possession in post offices is incongruent with the American tradition of firearms regulation."
She declined to dismiss a separate charge for forcibly resisting arrest. Ayala's lawyer and a U.S. Justice Department spokesperson did not respond to requests for comment.
The decision marked the latest court decision declaring a gun restriction unconstitutional following the conservative-majority Supreme Court's June 2022 ruling in New York State Rifle & Pistol Association v. Bruen.
That ruling recognized for the first time that the Second Amendment protects an individual's right to carry a handgun in public for self-defense. It also established a new test for assessing firearms laws, saying restrictions must be "consistent with this nation's historical tradition of firearm regulation."
Ayala, a U.S. Postal Service truck driver in Tampa, had a concealed weapons permit and kept a Smith & Wesson 9mm handgun in a fanny pack for self-defense, his lawyers said.
He was indicted after prosecutors said he brought the gun onto Postal Service property in 2012 and fled federal agents who tried to detain him.
He was charged under a statute that broadly prohibits possessing a firearm in a federal facility, including a post office.
Mizelle said that while post offices have existed since the nation's founding, federal law did not bar guns in government buildings until 1964 and post offices until 1972. No historical practice dating back to the 1700s justified the ban, she said.
Mizelle said allowing the federal government to restrict visitors from bringing guns into government facilities as a condition of admittance would allow it to "abridge the right to bear arms by regulating it into practical non-existence."

I never observed that ban unless they had metal detectors. Most don’t.
Question: if Postoffices can’t ban guns, then govt buildings can’t either, right?
I came real close to being in trouble because I tried to enter city hall on business without a gun, but I did have a magazine. Idiot called his boss and I could tell he was itching to arrest me. He was going to violate my 2A rights after city hall had already violated my 2A rights. Thankfully his boss was a tad smarter.

 

[Howland]

So if I understand this correctly, he was doing what he had every right to do until he was accosted by armed assailants violating the law and the charges of resisting still stand?

Gonna have to rethink your reasoning there your "honor." One out of two doesn't cut it.

 

[308guru]

So when do the “no guns” signs at the front door of every post office come down?

 

[918v]

There are private businesses that offer the exact same services as the post office, which makes it unnecessary to go there and risk getting arrested. Also, the lines are shorter. You’re pretty much in and out. And the people behind the counter are nice to you.

 

[GTOJOSH]

There used to be a guy who worked at our local post office who was a buy, sell, trade about anything kinda guy.
More than once I saw a gun deal go down on premises when dropping in to snag my mail from the po box.
It made me feel like as a nation we were still gonna be ok.
Now he's dead, and the new postmaster is a real peach.

 

[Gunfighter14e2]

He was going to violate my 2A rights after city hall had already violated my 2A rights. Thankfully his boss was a tad smarter.

Our city counsel meetings have more than once, been proclaimed as the safest place in town 12 times a year. Only one other day exceeds it, and that's only because the bulk of the town & surrounding area are in one spot. Free America still lives in some places.