Federal Judge rules Federal Law Banning Gun Possession in U.S. Post Offices are Unconstitutional

U.S. District Choose Kathryn Kimball Mizelle in Florida dominated Friday {that a} regulation banning Individuals from possessing weapons in postal places of work is unconstitutional. The case, US v Ayala, concerned a postal employee, Emmanuel Ayala who had possessed a firearm a Publish Workplace. The 53 web page determination could be very robust. “The Supreme Court docket has been clear: the federal government should level to historic rules that may allow it to ban firearms possession in publish places of work,” wrote Mizelle, an appointee of former President Donald Trump. For sure, the federal government wasn’t in a position to level to any historic examples of this.

The US concedes that “[t]right here is not any proof of firearms being prohibited at publish places of work, particularly, or of postal staff being prohibited from carrying them, on the time of the founding.” Gov’t Suppl. Br. at 4. Regardless of the chance to current supplemental briefing, the USA fails to level to ample historic proof supporting § 930(a)’s utility right here. See id . at 15–16 (offering solely two paragraphs itemizing potential historic analogues with none evaluation of how they’re relevantly comparable).

USA v Emmanuel Ayala, United States District Court docket, Center District of Florida, Tampa Division, Case No: 8:22-cr-369-KKM-AAS

As now we have identified earlier than, Democrat judges appear to persistently discover gun management legal guidelines constitutional and Republicans usually tend to discover them unconstitutional. Happily, for many who assist the best to self-defense, Florida is within the Eleventh Federal Circuit, the place Republican judges presently maintain a 7 to five benefit over Democrat judges, with six of the seven Republicans being nominated by Trump. Choose Mizelle is a member of the Federalist Society.