The Second Amendment Law Center joined the California Rifle & Pistol Association, the Second Amendment Foundation, and the Minnesota Gun Owners Caucus, in filing an amicus brief in a criminal case appeal in the Eleventh Circuit known as United States v. Emmanuel Ayala.
The case challenges ban on concealed carry in post offices. Mr. Ayala is a postal worker with a Florida CCW permit who is being criminally prosecuted for carrying while at work. The district court ruled for Mr. Ayala, finding no relevant history supporting a ban on peaceable carry of firearms in post offices. The United States is now appealing that ruling.
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 property 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 was vetted as part of the CCW application process and 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 urged here by the State’s argumant 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. 2ALC 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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