Adding to
US v Ayala (USPS employee carry on post office property) -
https://www.thehighroad.org/index.p...t-office-gun-ban-lawsuit.931523/post-12989198
SAF files Amicus Brief with 11th Circuit in Postal Employee carry case -
https://saf.org/saf-files-amicus-brief-with-11th-circuit-in-postal-employee-carry-case/
The Second Amendment Foundation and its partners have filed an
amicus brief with the 11th U.S. Circuit Court of Appeals in a case involving a Florida postal worker who was indicted for possessing a firearm in a federal facility.
He was cleared by the federal district court, and now the government is appealing. SAF and its partners are encouraging the 11th Circuit Court to uphold the district court ruling. The case is known as
U.S. v. Ayala.
Joining SAF are the California Rifle & Pistol Association, Minnesota Gun Owners’ Caucus and Second Amendment Law Center. They are represented by attorneys C.D. Michel and Konstadinos T. Moros at Michel & Associates in Long Beach, Calif.
“In our brief,” said SAF founder and Executive Vice President Alan M. Gottlieb, “we maintain the district court got it right, and we believe the ruling should be affirmed. The government has provided no evidence of a historical tradition of disarming federal employees, same as it has shown no tradition of prohibiting firearms from postal facilities. The district court said such disarmament is unconstitutional, and we believe the 11th Circuit should uphold their decision.”
“We contend that sensitive places are intended to be rare exceptions to the right to carry by private citizens,” added SAF Executive Director Adam Kraut. “As noted in our brief, when the government designates a location to be a ‘gun-free zone’ but doesn’t provide security, it essentially admits it doesn’t really consider the place to be sensitive, yet it removes the effective means of self-defense by law-abiding citizens. The government is just arbitrarily disarming citizens. The government is trying to have it both ways.”
U.S. v. Ayala: Another Absurd (And Unconstitutional) Restriction -
https://crpa.org/news/blogs/u-s-v-ayala-another-absurd-and-unconstitutional-restriction/
The case is
United States v. Emmanuel Ayala, a criminal case appeal in the Eleventh Circuit. Mr. Ayala is a postal worker with a Florida CCW permit who was caught carrying while at work and is now being criminally prosecuted for it. The district court ruled for Mr. Ayala because it agreed that there is no relevant history supporting banning the peaceable carry of firearms in post offices. The United States then appealed its loss.
Our brief argues that the district court’s ruling was entirely correct and should be affirmed for several reasons. First, the district court was right to zero in on the fact that although post offices have existed since the founding era, no restriction on carrying in post offices became law until late into the 20th century. Second, the government’s argument that it can ban carry anywhere where it is the proprietor has been rejected by several courts. Third, the government argues safety is a reason it should be allowed to ban carry at post offices, but it has failed to demonstrate Mr. Ayala is dangerous. Nor could it, as given he has a CCW permit, he is part of a group that is overwhelmingly law-abiding.
It has always been ridiculous to restrict carry in post offices, particularly for those with CCW permits. And the “balancing” test being implemented here is flatly prohibited under Bruen. We hope the Eleventh Circuit will rule accordingly and affirm the district court.
This is yet another example of courts skirting around the Second Amendment in jurisdictions across the country. CRPA and our allies will fight wherever we can to prevent decisions like this from weakening Bruen and, as a result, our own fundamental rights.
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