A federal judge in Florida ruled Friday that a law banning possession of firearms in post offices is unconstitutional.
Judge Kathryn Kimball Mizell, appointed by former President Donald Trump, ruled to dismiss an indictment charging a postal worker with illegally possessing a firearm on a federal facility. according to Reuters.
Emmanuel Ayala, a U.S. Postal Service truck driver, carried a Smith & Wesson 9mm handgun in his fanny pack for self-defense, Reuters reported, citing Ayala's attorney. The paper noted that he had a concealed weapons permit.
According to Reuters, prosecutors said Ayala brought a weapon onto Postal Service property in 2012 and fled when federal agents tried to take him into custody. He was charged under a law that broadly prohibits possession of firearms on federal property, including post offices.
US judge rules post office gun restrictions unconstitutional https://t.co/4klKicIta7 pic.twitter.com/eL7WXXvGWD
— Reuters (@Reuters) January 13, 2024
Mr. Mizell ruled that the charges against Mr. Ayala violated his Second Amendment rights. However, she did not dismiss another charge of resisting arrest by force, Reuters reported. (Related: Blue City halts enforcement of key gun control provisions after 2A group threatens lawsuit).
“Total restrictions on the possession of firearms in post offices go against the tradition of firearms regulation in the United States,” Mizell said, according to Reuters.
Mr. Mizell mentioned that New York State Rifle & Pistol Association v. Bruen According to Reuters, the Supreme Court's decision in a June 2022 case found that the Second Amendment protects the right to carry a handgun in public for self-defense.
The decision also established new tests for firearms law. According to Reuters, any future regulations must be “consistent with the country's historical tradition of firearm regulation.”
According to Reuters, the Tampa judge argued that history justified the ban because federal law banning firearms inside government buildings wasn't enacted until 1964, and the post office law wasn't enacted until 1972. He explained that there is no such practice.
