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Carrying Firearm Into Post Office - Judge's Ruling
AdamsQuailHunter
Member Posts: 2,022 ✭✭✭✭
In January of 2024, U.S. District Judge Kathryn Mizelle of the United States District Court for the Middle District of Florida, Tampa Division, ruled that the federal ban on carrying a firearm into a U.S. postal facility is unconstitutional.
This came about because Emmanuel Ayala, a U.S. postal worker, was indicted for possessing a firearm in a post office. He argued that the federal law prohibiting that possession was unconstitutional as applied to him. Judge Mizelle agreed and ruled the law is unconstitutional as applied to Mr. Ayala.
So far, this applies only to this individual - but what the final outcome is remains to be seen.
Best Regards - AQH
Comments
Fla. law states that it is prohibited in any/all federal buildings, what were the circumstances in his particular case that voided that law for him?
I don't see the logic of this ruling only applying to one person.
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
I have seen the signs at the post office in the past, but here is the hypocrisy to their gun free zone. If they’re going to restrict me from protecting my self then there should be an armed guard placed in any gun free zones in order to protect me . A no guns allowed sign has never stopped a mass shooting, robbery or any other gun violent attack. If their relying on the local police to provide protection it’s even makes less sense, police are called after the event has started and to ascertain the facts after the fact.
Post offices around here are rented from one source or another, I think.
Does this make a federal building?
The 2nd amendment!
Just sayin'
I like that Judge and it seems she likes the U.S Constitution and it's meaning.
"Never do wrong to make a friend----or to keep one".....Robert E. Lee
That is how supreme court decisions are SUPPOSED to work. In recent years the commies have taking supreme court rulings that they LIKED and applied them to everyone, which is NOT how that works. Sheeple have allowed the practice to continue however.
Supreme court cases only reach a verdict for the people involved in the case, period end of sentence. At least that is how it was designed until the commies took over!
Yes, if they lease the building to a Federal entity, then it becomes Federal property for all intensive purposes. Same goes if a private owned building is leased out to a state entity, such as a DMV. Now its state property and PUBLIC.
I go to the Post Office to buy stamps two or three times a year. I carry a gun on my belt at all times. That is why it is concealed.
The ruling could open the door to further loosening of the ridiculous rules/laws. I too used to enter the post office armed….
Actually no. I could point out several Supreme Court cases that included everyone in the USA.
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
I am 100% sure that you can, BUT they should NOT have!
I'd certainly like to see what 'circumstances' were used to make this determination.
"I go to the Post Office to buy stamps two or three times a year. I carry a gun on my belt at all times. That is why it is concealed."
Well, good for you BUT. Concealed doesn't mean it's LEGAL to carry in restricted areas.
Around 2005 or 2006, three guys walked into my office to ask for information and directions. One was OC a Glock in violation of the 'No Guns' placard. I didn't have the information they needed but directed them to the correct facility with the warning for Mr. Open Carry Dude that the next place might not be as tolerant as I. He huffed up and informed me he was a St Louis city cop. I asked if he was on duty and conducting official business which of course he was not and reminded him that off duty LEO had no more right to violate the USPS no guns rule than Joe Average citizen.
All I can say is: Keep crowding the bull and sooner or later you may get the horn.🤐
Then the supreme court is useless.
Well, lately they have been useless!
But, they make a judicial ruling about the issue before them about the entities involved in the case.
Now that ruling can be turned into a law if the proper steps are followed. AND that verdict can be used as precedent in ither cases to help inform the current case.
I see people open carrying in my little small town post office all the time. My personal rule is concealed is concealed.
USPS wont deliver to my house and I'm forced to either put a mailbox miles away from my house or pay for a PO Box. I pay to rent a PO Box.
[sarcasm]Pretty sure that gives me castle doctrine, at the Post Office. Right? 😉😉[/sarcasm]
When I was working I responded to a call of a silent alarm at a post office (it was a stand alone building) the postmaster responded (he got there 15 minutes after we got there) to open the door. We had already checked the perimeter (the perimeter was secure: no POEs.) We had no canines available that night (that was SOP) to check if there was any people inside. The postmaster stayed outside, and my 6-2 foot beat partner and I went through the interior after announcement that we were sending in the dog (you would be surprised how effective that has been in the past).
It was a false alarm, no persons inside. We escorted the postmaster around the interior. During the time we were talking and it we curious as to his thoughts. Apparently there was a postmaster group that resounded to these alarms generally, but were not available on this night. He would not have called the Sheriff if they were available . The postmaster implied that an armed deputy sheriff was actually illegal inside a post office. I did not argue with him but told him that his post office was in the county of San Diego and therefore we will go anywhere in that county no matter what you say. And every deputy sheriff is on duty 24/7 according to the Sheriff (a direct quote from the Sheriff from a letter sent to every sub-station).
Interesting stuff.
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
Local LEO can NOT take a firearm inside a post office, UNLESS there is imminent danger that they are responding to. Burglary in progress would allow them inside with firearms.
Walking in to check their mail, even while on duty, then that would be a felony(if they have a firearm inside). Responding to "tresspass" someone(or any other non-imminent threat), illegal! Unless their is a written agreement on file between the LEO agency and the post office, then ONLY federal agencies have jurisdiction to enforce laws inside post offices.
Not saying I agree, but them are the laws.
Just sayin'
^^Dang, it’s almost like there shouldn’t be two sets of laws.
The current administration cannot enforce laws already on the books. It falls to certain people like our Sheriff (John Duffy) was not afraid to lock horns with any organization: (feds, ATF, FBI, and Board of Supervisors, Indian Reservations you name it he fought them) and win.
Laws on the books are immaterial, just words in a book, unless enforced
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
I was under the impression that I could legally ship a rifle or shotgun by USPS. So, how can I legally enter the door of a PO with a boxed gun, walk up to the counter with it & present it to the clerk for shipment? I don't want to go to jail.
Neal
There is a major difference between taking a sealed package containing a firearm for shipping and carrying a concealed weapon on your person.
Actually no. The law (actually so poorly written makes no distention between the two) has no "intent" in the wording. It makes no distention between the two.
Besides there is no enforcement to the law unless the post office calls a federal enforcement officer. Locals cannot federal laws unless they are cross sworn to enforce federal laws (very rare).
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain