After a string of major wins at the Supreme Court, gun owners have won again in a new case before U.S. District Judge Kathryn Kimball Mizelle in the Middle District of Florida. Jenna Curren of Law Enforcement Today reports:
On Friday, January 12th, U.S. District Judge Kathryn Kimball Mizelle ruled that a United States law prohibiting people from possessing firearms while inside of a post office goes against their constitutional rights.
According to Fox News, Judge Mizelle, an appointee of former President Donald Trump, cited a 2022 landmark United States Supreme Court decision that expanded gun rights when she dismissed part of an indictment charging a postal worker with illegally possessing a gun in a federal facility.
That landmark case, New York State Rifle & Pistol Association v. Bruen, recognized a person’s right to carry a handgun in public for self-defense and established a new test for assessing firearms restrictions, noting it must be “consistent with this nation’s historical tradition of firearm regulation.”
The indictment against the postal worker, Emmanuel Ayala, was brought forth because of the Smith & Wesson 9mm gun that he kept in a fanny pack with his concealed carry permit. Ayala framed his case around the Bruen decision, arguing that the prohibition against guns in a federal postal facility is “unconstitutional” as applied to him because the “historical record does not support a law banning firearms in post offices.”
Mizelle noted that the United States’ response to Ayala’s claim was that the “Second Amendment allows it to punish the bearing of arms inside any government building.” The United States specifically deemed a post office as a “sensitive place,” claiming that such a designation means the government can “ban the carrying of firearms while not violating an individual’s Second Amendment rights” and is “consistent with the Nation’s historical tradition of firearm regulation.”
Mizelle rejected that claim, writing, “[Bruen] requires the United States to present historical support for § 930(a)’s application to Ayala, which it fails to do. Post offices have existed since the founding, as have threats to the safety of postal workers and the public entering those locations. Yet the historical record yields no ‘distinctly similar historical regulation addressing’ those safety problems by regulating firearms in post offices … Bruen deems this absence strong evidence of the statute’s unconstitutionality.”
Mizelle sided with Ayala is his claim that the law prohibiting guns in a federal postal facility was unconstitutional, writing, “I dismiss the § 930(a) charge because it violates Ayala’s Second Amendment right to bear arms.”
Action Line: Get your gun and your training now. The Constitution doesn’t give you the right to defend yourself, it protects that right which you were born with. Click here to subscribe to my free monthly Survive & Thrive letter.
E.J. Smith - Your Survival Guy
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