U.S. v. Ayala: Another Absurd (And Unconstitutional) Restriction
CRPA, joined by the Second Amendment Law Center, the Second Amendment Foundation, and the Minnesota Gun Owners Caucus, is filing an amicus brief in a case challenging the constitutionality of the ban on carrying in post offices.
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.