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Summary
Transcript
Video number two today, because we got some breaking news that happened today in the Department of Justice. Something big in a case-challenging, carrying-concealed firearms at post offices. Before I give you the information, I want to say thank you to Blackout Coffee for always sponsoring this channel. If you love coffee, if you love tea, if you love hot chocolate, check us out, blackoutcoffee.com slash G&G. We’re a family-owned company right down in Florida. We roast everything ourselves, flavored ourselves, grinded ourselves, and send it to you within two to three days of being roasted. Please check us out, let us know what you think, and tell me in the comments what your favorite roast is.
This case is the United States versus Emmanuel Ayala, and it was being challenged by Second Amendment Foundation, the California Rifle and Pistol Association. The case was on appeal in the 11th Circuit. Mr. Ayala is a postal worker with a Florida concealed carry permit who was caught carrying while at work and is now being criminally prosecuted for it. The district court ruled for Mr. Ayala because it agreed that there is no relevant history supporting banning the peaceable carry of firearms in post offices. The United States then appealed its loss. Now the complaint argues that the district court’s ruling was entirely correct and should be affirmed for several reasons.
First, the district court was right to zero in on the fact that although post offices have existed since the founding era, no restrictions on carrying in post offices became law until late into the 20th century. Second, the government’s argument that it can ban carry anywhere where it is the sole proprietor has been rejected by several courts. Third, the government argues safety is a reason it should be allowed to ban carry at post offices, but it has failed to demonstrate Mr. Ayala is dangerous, nor could it as he was given his concealed carry permit and he’s part of a group that is overwhelmingly law abiding.
Well, not too long ago today, the Department of Justice did this. They sent this to the Speaker of the House, Mike Johnson, and it said, Dear Mr. Speaker, consistent with 28 USC 530D Delta, I write to advise you that the Department of Justice has decided to dismiss its pending appeal in the above pending case which concerns the constitutionality of 18 USC 930 Alpha, the federal statute prohibiting the possession of firearms in federal facilities. A copy of the district court’s decision is enclosed. The defendant is an employee of the United States Postal Service who carried a handgun on the job for self-defense.
One day, he entered a post office while wearing a bag containing the handgun. A federal grand jury indicted the defendant on one count of possessing a firearm in a federal facility in violation of 18 USC 930 Alpha and one count of resisting arrest in violation of 18 USC 111. The district court for the middle district of Florida dismissed the section 930 Alpha charge holding that the statute violates the second amendment as applied here. The Department of Justice appealed that decision to the 11th circuit, but has now decided to dismiss the appeal.
The resisting arrest charge against the defendant remains pending. Dismissing the appeal would enable the district court to resolve that charge promptly while pursuing the appeal could significantly prolong its litigation. The Department has determined that in these circumstances continuing to pursue the appeal is not an appropriate use for prosecutorial resources. The Department of Justice plans to dismiss its appeal by August 22nd, 2025. Please let me know if we can be of any further assistance in this matter. Sincerely, John Sauer who is the U.S. Solicitor General. So immediately I’m going to get questions like, can I carry in post offices? Well, you haven’t been is the question I’ll ask.
It is technically illegal to carry there, but this is as applied to him. It’s still a law on the books that is unconstitutional and should be struck from the record. Let me know what you guys and gals think about this down below. It is something that is a positive step. It’s just a dismissal. I mean, again, I would rather this Department of Justice who claims they’re pro 2A, I would rather have them actually say something like, Your Honor, this just needs to be dropped because it’s unconstitutional to ban somebody to have their Second Amendment rights as they walk through this door that is open to the public.
And we already know what happened at post offices for decades, right? So let me know what you think down below. I appreciate you all. Big thank you to Second Amendment Foundation and the California Rifle and Pistol Association for fighting this tooth and nail. And we’ll see what happens on the next case that comes out. Subscribe to the channel if you want to stay in the know. If you love your Second Amendment, you found your home. See you in the next one. Take care. [tr:trw].
See more of Guns & Gadgets 2nd Amendment News on their Public Channel and the MPN Guns & Gadgets 2nd Amendment News channel.