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.
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.
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Sat Jan 13, 2024 11:19 pm
by carlson1
I sure hope this is the case. I despise having to go to the Post Office for the very reason of supposing to have disarm.
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Sun Jan 14, 2024 12:15 am
by Vol Texan
I love the Bruin decision more every day!
Question for our legal experts: what is the impact of this for us (assuming it stands). Is it limited to only a certain geographic region, or does it impact the full US?
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Sun Jan 14, 2024 6:58 am
by RoyGBiv
Vol Texan wrote: ↑Sun Jan 14, 2024 12:15 am
I love the Bruin decision more every day!
Question for our legal experts: what is the impact of this for us (assuming it stands). Is it limited to only a certain geographic region, or does it impact the full US?
At the moment it impacts only the jurisdiction of the circuit in which the ruling was issued. More narrowly, it only has immediate effect on the case, since there wasn't an injunction issued against the law itself, only a dismissal of the specific charge against 1 person.
My non-lawyer understanding, anyway.
ETA... This ruling was at the District :Court level... Likely has no impact outside the District, beyond churning up the gun grabbers.
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Sun Jan 14, 2024 8:37 am
by carlson1
Roy I sure love you, but I hope so much you are wrong.
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Sun Jan 14, 2024 9:36 am
by AF-Odin
Thos could get very interesting. What is next, VA facilities. Military installations are somewhat of a fiefdom on their own. Waiting to see how this plays out.
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Sun Jan 14, 2024 10:12 am
by Paladin
Very interesting decision.
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Sun Jan 14, 2024 11:40 am
by tomneal
These decisions are cumulative.
Every one of them on our side, makes the next one easier for the next judge to rule in our favor.
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Sun Jan 14, 2024 5:53 pm
by RoyGBiv
carlson1 wrote: ↑Sun Jan 14, 2024 8:37 am
Roy I sure love you, but I hope so much you are wrong.
I hope I'm wrong as well!
I found out today that I WAS wrong about the parking lot having to be posted... I thought it did not, but, apparently it DOES need to be posted, as does the building, in order for gun possession to be off limits...
carlson1 wrote: ↑Sun Jan 14, 2024 8:37 am
Roy I sure love you, but I hope so much you are wrong.
I hope I'm wrong as well!
I found out today that I WAS wrong about the parking lot having to be posted... I thought it did not, but, apparently it DOES need to be posted, as does the building, in order for gun possession to be off limits...
tomneal wrote: ↑Sun Jan 14, 2024 11:40 am
These decisions are cumulative.
Every one of them on our side, makes the next one easier for the next judge to rule in our favor.
I appreciate your positive energy on this Tom!
Please help a guy who is a slow thinker. The USPS has to post 30.06/07 to keep you out?
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Mon Jan 15, 2024 5:25 pm
by tomneal
30.06/07
I didn't think those applied to government property.
Also
Post offices are federal. Does Texas law apply?
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Mon Jan 15, 2024 10:07 pm
by Paladin
30.06/07 does not apply to federal facilities as it is part of Texas law. Federal law is something else entirely:
....whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both
....The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.
There is some room under (d)(3) that suggests that "incident to ... lawful purposes" is ok, so I think this battle can be won nationwide if the courts are reasonable.
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Mon Jan 15, 2024 10:15 pm
by carlson1
Paladin wrote: ↑Mon Jan 15, 2024 10:07 pm
30.06/07 does not apply to federal facilities as it is part of Texas law. Federal law is something else entirely:
....whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both
....The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.
There is some room under (d)(3) that suggests that "incident to ... lawful purposes" is ok, so I think this battle can be won nationwide if the courts are reasonable.
Thank you my friend. I am always confused about the Post Office. Can I even go to my dentist that is in the same store front location, etc?
Re: Ban on guns in post offices is unconstitutional, US judge rules
Paladin wrote: ↑Mon Jan 15, 2024 10:07 pm
30.06/07 does not apply to federal facilities as it is part of Texas law. Federal law is something else entirely:
....whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both
....The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.
There is some room under (d)(3) that suggests that "incident to ... lawful purposes" is ok, so I think this battle can be won nationwide if the courts are reasonable.
Thank you my friend. I am always confused about the Post Office. Can I even go to my dentist that is in the same store front location, etc?
Plainly the Federally owned or leased building is prohibited... my understanding is the parking lot of a dedicated federal facility is prohibited... but could only speculate about a shared facility. I would think only the federally owned or leased portion would be affected, but that would be a matter for the lawyers.
Re: Ban on guns in post offices is unconstitutional, US judge rules
Posted: Tue Jan 16, 2024 7:48 am
by RoyGBiv
carlson1 wrote: ↑Mon Jan 15, 2024 5:19 pm
Please help a guy who is a slow thinker. The USPS has to post 30.06/07 to keep you out?
(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.
The posted sign would reference 18 USC 930... At national parks, the signs look like this.... But I've never seen any similar sign at my local PO.