A federal judge in Florida ruled a U.S. law prohibiting people from having firearms in post offices is unconstitutional. That is a ruling guaranteed to be appealed.
Categories: Lawfare
Lawfare
Possible Mistrial
It appears as though at least one juror was running his mouth, creating grounds for a mistrial:
11 Comments
It's just Boris · January 14, 2024 at 6:32 am
It will be appealed, yes. But a decade ago I’d have said the chance of getting even an initial ruling going this way, was zero. There is progress.
Nunya · January 14, 2024 at 8:10 am
They also don’t want you leaving them in your vehicle. I laughed at my postmaster when we talked about it and I thought that was ridiculous. Went home and looked it up and damn that crazy shit is true.
oldvet50 · January 14, 2024 at 8:42 am
It will, for sure. ….but the judge ain’t wrong! I don’t recall seeing a PO exemption in the 2nd.
Noway2 · January 14, 2024 at 8:59 am
Undoubtedly it will get appealed, and likely go before a group of tyrants that will swing the wrong way.
However, “ The judge said that post offices have existed since the nation’s foundation and that the federal law did not forbid carrying firearms into post offices until 1972” makes it pretty hard to argue that the restriction has a historical equivalent or tradition.
Jonathan · January 14, 2024 at 10:32 am
IIRC there was a district court ruling on this several years ago that the feds didn’t appeal because they were worried they’d get a similar ruling with wider application.
I wish they had approached it differently and said the law allowed him to carry.
The current federal reg prohibits weapons unless the person is authorized by the state or federal government to have one – I’d like to see a ruling that says a carry permit is authorization by a state government.
Steve · January 14, 2024 at 11:08 am
I’ve often thought that the post office is one of the few places government can make a plausible case that it should be able to ban weapons. After all, going into a post office is completely voluntary, and something I’ve long since stopped doing. But entering a courthouse or licensing bureau? While there are completely voluntary reasons to be there, most of us wouldn’t be there if not compelled by force of law. If I have to go to their office (well, technically, if it’s publicly held, it’s my office, too) and pay money to get/renew a license, I damn well have the right to self-defense while so doing.
Steve · January 14, 2024 at 11:13 am
From the story: “He carried a 9mm Smith & Wesson handgun for self-defense. ”
Defense lawyer: “But, Your Honor, a 9mm isn’t big enough to even BE a firearm.”
Big Ruckus D · January 14, 2024 at 12:14 pm
Well, it has been quite a while since the last reported incident of someone “going postal” so maybe that’ll become a thing again. The FBI can setup a windup toy to air out a local PO, then they’ll have the PR ammo they need to further their case for gun control.
WallPhone · January 14, 2024 at 1:00 pm
Out running errands with my dad and he suddenly drove onto USPS property to toss an envelope into the drive-through post office mailbox. Hello felony!
A year or so later some judge ruled the prohibition didn’t apply to parking lots.
SiG · January 14, 2024 at 5:33 pm
That law is such a PITA anyway. Seems like the idea is just to make life as complicated and unpleasant as possible.
Anonymous · January 14, 2024 at 11:09 pm
Every gun law is unconstitutional. People who claim the lesser law should trump the Bill of Rights are, at best, confused. The point of having a highest law which controls is for it to do just that.
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