Tuesday, January 16, 2024

Judge Strikes Down Post Office Ban

 A little bit late with this one.  I saw it but other issues seemed more urgent.  At Bearing Arms several days ago, Tom Knighton had a good news piece entitled Judge Rules Banning Guns In Post Offices Unconstitutional. From The Hill:

A federal judge in Florida ruled a U.S. law that prohibits people from having firearms in post offices to be unconstitutional, the latest court decision declaring gun restrictions violate the Constitution.
U.S. District Judge Kathryn Kimball Mizelle, a Trump appointee, cited the 2022 Supreme Court ruling “New York State Rifle & Pistol Association v. Bruen” that expanded gun rights. The 2022 ruling recognized the individual’s right to bear a handgun in public for self-defense.
The judge shared her decision in the indictment that charged Emmanuel Ayala, U.S. Postal Service truck driver, with illegal possession of a firearm in a federal building.
The judge did not dismiss Ayala’s separate charge of resisting arrest, but did note that the firearm charge violated his Second Amendment rights, saying it is “incongruent” with the “American” tradition of “firearms regulations.”

Tom Knighton goes on to write:

The judge argued, “A blanket restriction on firearms possession in post offices is incongruent with the American tradition of firearms regulation.”
Now, I’m quite sure that a lot of anti-gunners are going to take issue with this. After all, Bruen does say that sensitive places can be gun-free zones, so why can’t a post office be included.
However, the judge notes that post offices have been around since the nation’s founding, yet our Founding Fathers made no effort to ban guns there.
She’s not wrong on that, either.

I often avoid going to the post office, as I do banks because I don't want to leave my gun in my car. It's not easy to remove a gun and put in a locked container without someone noticing. But it's supposed to be concealed, right? And let's face it, the less you manipulate your weapon, the less chance you have for a negligent discharge.

Even so, if it is Constitutional, then no matter how inconvenient I should keep on doing it. But if it isn't Constitutional, and I have never believed it is, then the only real reason for banning guns in the post office is to harrass people carrying guns. That doesn't seem like a good reason to me.

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