Judge Claims Ban On Guns In Post Offices Is Unconstitutional

(DailyVantage.com) – A Florida federal judge recently ruled that a United States statute banning people from possessing a firearm in post offices is unconstitutional, referring to a prior Supreme Court ruling as the legal reasoning behind the ban’s unconstitutionality. According to United States District Judge Kathryn Kimball Mizelle, the Supreme Court’s expansion of gun rights in 2022 makes the post office gun ban unconstitutional. Mizelle’s decision comes as she dismissed part of an indictment against a postal worker, whom prosecutors charged with possessing a firearm within a federal facility.

Mizell claimed that the firearm charge violated the postal worker’s Second Amendment right and that a “blanket restriction” of gun possession within post offices isn’t legally valid under the United States Constitution. Authorities also charged the postal worker with forcibly resisting arrest, which Mizelle refused to dismiss while making her decision. Mizelle also cited the landmark Supreme Court case New York State Rifle and Pistol Association v. Bruen when making her decision.

In the aforementioned case, the United States Supreme Court ruled that the Second Amendment protects an American citizen’s right to carry firearms in public areas for the purpose of self-defense. The landmark decision also created a new test for judges considering firearm-related laws, with the court arguing that firearm restrictions should be consistent with the United States tradition surrounding firearm regulation. Mizelle referred to the new test specifically, claiming that the blanket ban on firearms in post offices isn’t consistent with American firearm regulation.

When making her decision regarding the ban’s constitutionality, Mizelle said that banning firearms in government buildings and post offices didn’t become common until 1964 and 1972, respectively. Since the blanket firearm restriction on federal property doesn’t have significant historical precedent, Mizelle claims it violates Americans’ Second Amendment rights. Mizelle also expressed concern about the federal government preventing Americans from carrying firearms on federal property, stating that such a policy would enable the government’s abridgment of Americans’ right to bear arms through extensive regulation.

Mizelle’s ruling comes as Florida lawmakers are pushing a new bill to lower the minimum age for prospective gun buyers from 21 to 18. Federal law already restricts the minimum age for specific firearms like handguns to 21, potentially raising another conflict between Florida law and federal statutes. The proposed bill would undo a law enacted by former Governor Rick Scott’s administration, which sought an increase in the minimum age to acquire firearms following the Parkland shooting.

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