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Florida Federal District Court Declares Post Office Gun Ban Unconstitutional
- Thread starter 24Carat
- Start date
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(Reuters) - A federal judge in Florida on Friday ruled that a U.S. law that bars people from possessing firearms in post offices is unconstitutional, citing a landmark U.S. Supreme Court ruling from 2022 that expanded gun rights.
About time this restriction was overturned. I'm sure the "progressives" will waste no time in trying to get this overturned.
About time this restriction was overturned. I'm sure the "progressives" will waste no time in trying to get this overturned.
This one just hit the news wires Saturday, Jan 13th.
Before there's too much cheering, this is NOT a nationwide injunction, but the dropping of a charge in a criminal case that thus far only has jurisdiction in said Florida Federal Court District (the one with jurisdiction over Tampa). I do NOT recommend carrying a firearm into a post office. For the time being, you'd end up like the dude in the Florida criminal case.
It is, however, a brick chipped out of the 1972 Post Office Gun Ban law, passed at a time when there was a spate of Postal Employees "Going Postal", shooting supervisors and fellow employees. It will undoubtedly be appealed by the Fed Prosecutor, Garland's DoJ, etc. Stay tuned. Rationale by the Florida District Court was [drum roll; you guessed it] 1791 Text, History and Tradition, at a time when there was absolutely zero prohibition on firearms, or weapons of any other kind, in post offices.
Reuters news article on it . . .
https://www.reuters.com/world/us/ba...s-unconstitutional-us-judge-rules-2024-01-13/
As a footnote, the defendant allegedly resisted arrest when federal officers attempted to take him into custody. He's still on he hook for that charge. Only the firearm possession charge was dismissed.
Before there's too much cheering, this is NOT a nationwide injunction, but the dropping of a charge in a criminal case that thus far only has jurisdiction in said Florida Federal Court District (the one with jurisdiction over Tampa). I do NOT recommend carrying a firearm into a post office. For the time being, you'd end up like the dude in the Florida criminal case.
It is, however, a brick chipped out of the 1972 Post Office Gun Ban law, passed at a time when there was a spate of Postal Employees "Going Postal", shooting supervisors and fellow employees. It will undoubtedly be appealed by the Fed Prosecutor, Garland's DoJ, etc. Stay tuned. Rationale by the Florida District Court was [drum roll; you guessed it] 1791 Text, History and Tradition, at a time when there was absolutely zero prohibition on firearms, or weapons of any other kind, in post offices.
Reuters news article on it . . .
https://www.reuters.com/world/us/ba...s-unconstitutional-us-judge-rules-2024-01-13/
As a footnote, the defendant allegedly resisted arrest when federal officers attempted to take him into custody. He's still on he hook for that charge. Only the firearm possession charge was dismissed.
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For Reference and Information:
The law banning weapons in a Post Office isn't in Title 18, USC (the general criminal code). It's in the Federal Code of Regulations (aka FCR). It bans weapons on USPS Property . . . which has been interpreted in the past to include their public parking lots.
https://www.ecfr.gov/current/title-39/chapter-I/subchapter-D/part-232
You have to scroll down to subpart (l), as in lower case "l", to get to the weapons prohibition. They could interpret the mere carrying of any kind of a knife, no matter how small (e.g. a 1" Swiss Army Knife), or a box cutter, as a "deadly weapon". You could slash someone's throat with a tiny 1/4" long blade. Don't underestimate what a Fed Prosecutor with a wild hair up their ass will come up with.
The law banning weapons in a Post Office isn't in Title 18, USC (the general criminal code). It's in the Federal Code of Regulations (aka FCR). It bans weapons on USPS Property . . . which has been interpreted in the past to include their public parking lots.
https://www.ecfr.gov/current/title-39/chapter-I/subchapter-D/part-232
You have to scroll down to subpart (l), as in lower case "l", to get to the weapons prohibition. They could interpret the mere carrying of any kind of a knife, no matter how small (e.g. a 1" Swiss Army Knife), or a box cutter, as a "deadly weapon". You could slash someone's throat with a tiny 1/4" long blade. Don't underestimate what a Fed Prosecutor with a wild hair up their ass will come up with.
Yeah, I hate having to either park off site of the post office, or sneak my gun into the console, before going into the post office, also had to go to the Social Security office here, saw the sign saying it was a federal crime to possess a gun in the building, so I dutifully went to may car and put it in the console...The guard, was cool, and said "I saw what you did, and thank you" he went on to say he thought is was stupid, especially veterans having to do that. To me, the social security office is one place I would rather have a gun...that's just me..
I hope this sticks, and we can stop losing our rights at the post office door...
I hope this sticks, and we can stop losing our rights at the post office door...
I've never heard of a postal customer shooting up the place. In my 28 years working at the USPS, we had several incidents of EMPLOYEES shooting up the place. Typical misdirected liberalPUKEism.
FIFY
And of course, it never occurs to the anti-gun crowd that if someone decides to go on a shooting spree, they are not going to be dissuaded by a "no guns allowed" sign. But logic has never been their strong suit.
There should be a law that if a place you are doing any type of business at and has a no gun policy, thus you are forced to leave it in your car to be potentially stolen. If said firearm is used in a crime, then that place that disarmed you is legally liable. Just my 2 cents.
If I remember, maybe 20+ years ago, Blockbuster Video banned guns in their stores. Law abiding citizen goes into store, leaves gun in car, and is shot in a robbery inside the store. Blockbuster was deemed liable for the shooting. This memory is vague, someone help me out, please. I believe this was in Texas.
Link here:
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I don't think I heard that story.
I noticed the Kokomo main post office has removed all the signs and stickers from the building. I wonder if the local PPO is looking to arrest and make a name for himself. I divest myself of all stuff before leaving the house to ship anything and I use USPS exclusively.
