Post Office Gun Ban Challenged In Federal Court | Guns & Gadgets 2nd Amendment News

The Second Amendment Foundation and Firearms Policy Coalition are suing the federal government, stop me if you’ve heard that before, and this time they are suing based off of the unconstitutional laws banning American citizens from carrying a firearm outside of the home concealed for their own personal safety at post offices. This comes on the heels of an event, a case I told you about back in January, I’ll pin it above, in which a Florida court said that the law as applied to one of the postal workers was unconstitutional. Well, it’s unconstitutional for him, it’s unconstitutional for everybody, and I’m going to tell you about this lawsuit.

Here is the lawsuit on the screen. As you can see, it’s Firearms Policy Coalition, the Second Amendment Foundation, and two individuals, Gavin Pate, who is a priest and George Mandry, who is a businessman, versus Merrick Garland. Look at the introduction real quick. It says, in the New York State Rifle and Pistol Association versus Brewing, the Supreme Court held that the law-abiding citizens of this nation have a general right to carry firearms for self-defense in public, which can only be restricted in exceptional circumstances. Plain of Sioux to challenge the constitutionality of 18 U.S.C.

930A, which bars knowingly possessing a firearm in federal facilities, including United States post offices. Plain of Sioux to challenge the constitutionality of 39 CFR Section 232.1 Section 1, which bars firearm carry and storage on property under the control of the post office. Before we go any further, I want to thank the sponsor of the video that’s Ammo Squared. Ammo Squared is a budget-friendly way to build a stockpile of ammunition. It’s customizable to your budget so you can buy as little as a few dollars a month and let it grow over time or buy a bunch all at once so you have it when you need it.

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18 U.S.C. Section 930A bars the knowing possession of firearms in federal facilities. Federal facility is a building owned or leased by the federal government where federal employees are regularly present to perform their official duties. The definition of federal facility therefore includes United States post offices. A violation of this subsection is punishable by a fine, a term of imprisonment less than one year, or both. 39 CFR Section 232.1 Section 1 similarly bans carrying and storing firearms on postal property except for official purposes. A violation of this subsection is punishable by a fine, a term of imprisonment less than 30 days, or both.

Now we already know that the Bruin decision says that the Second Amendment already covers these folks’ activities. Carrying a firearm concealed on their person outside of their home for the purposes of self-defense. And since the Second Amendment presumptively covers and protects their actions, then it is thus the government’s burden to affirmatively prove that its firearm regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms. So if the government seeks to restrict firearms in a particular location as a sensitive place, it must prove that its current restriction is sufficiently analogous to a well-established and representative historical analog.

The court has identified only three such locations. The founding era, legislative assemblies, polling places, and courthouses. Accordingly, the Middle District of Florida recently held that 18 U.S.C. Section 930 Alpha was unconstitutional as applied to a postal worker indicted for possessing a firearm in a United States post office. That’s U.S. v. Ayala, the one I covered in January. Ayala held that Section 930A’s application to post offices lacks any historical support. The court undertook a thorough analysis of various analogs with a focus on the founding era. The Ayala court specifically rejected the government’s contention that all government buildings are sensitive places.

In sum, the government will be unable to justify either 18 U.S.C. Section 930A or 39 CFR Section 232.1 Section 1 with any representative or relevantly similar analogs rooted in the founding. What are they looking for out of the lawsuit? The plaintiffs respectfully request that this court issue a declaratory judgment that 18 U.S.C. 930A and 39 CFR Section 232.1 Section 1 are unconstitutional under the Second Amendment to the extent they bar the possession and carrying of firearms on United States post office property. Two, issue a permanent injunction enjoining enforcement of 18 U.S.C.

930A and 39 CFR 232.11 to the extent that they bar the possession and carrying of firearms on United States post office property. Award plaintiffs the cost of this action and reasonable attorneys fees and award the plaintiffs other legal and equitable relief as is just and appropriate. As a note, this was filed in the Northern District of Texas which has been like the mecca for overturning the federal gun control. That’s where we got a lot of the cases I’ve been telling you about lately. In fact, the pistol brace vacated rule. That case was out in the Northern District of Texas.

So good on SAF and FPC, as I always say. Support those who support you. You can sign up right down below. The links are in the description of every video. And you can even head over to blackoutcoffee.com slash gng and buy their coffee whether it’s whole bean or ground or k-cup. We’ll send two dollars of each item purchased back to the groups that are depicted on those products. It’s our way of giving back. And we thank you for doing that. Guys and gals, appreciate each and every single one of you. Another phenomenal lawsuit where unconstitutional gun control is getting shredded, anticipated to be shredded.

So it’s going to keep going. Let’s keep pushing. Support those who support you. Have a great day. Take care. [tr:trw].

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