On January 12, 2024, Judge Kathryn Kimball ruled the federal ban on possession of firearms in post offices is unconstitutional because it violates the Second Amendment.

The United States indicted Emmanuel Ayala, a postal worker, for possessing a firearm in a Federal facility in violation of 18 U.S.C. § 930(a). Ayala argues that statute is unconstitutional as applied to him because the historical record does not support a law banning firearms in post offices. See N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022). Relying on dicta from earlier cases, the United States responds that the Second Amendment allows it to punish the bearing of arms inside any government building. But the Supreme Court has been clear: the government must point to historical principles that would permit it to prohibit firearms possession in post offices. See id. at 17, 24. The United States fails to meet that burden. Thus, I dismiss the § 930(a) charge because it violates Ayala’s Second Amendment right to bear arms.

The case was discussed in a previous AmmoLand article. On February 12, 2024, the Assistant United States Attorney notified the court that the matter would be appealed to the United States Court of Appeals for the Eleventh Circuit. From the document:

The United States of America appeals to the United States Court of Appeals for the Eleventh Circuit the order granting defendant’s motion to dismiss in part, Doc. 57, and the dismissal of count one, Doc. 58, both entered in this action on January 12, 2024.

On February 13, 2024, Judge Kathryn Kimball issued an administrative stay on the case pending the appeal.

There does not appear to be any significant movement in this case, except for the withdrawal of Ross Roberts as the prosecutor.

On May 2, 2024, Ross Roberts, Assistant United States Attorney, withdrew from the case. Assistant United States Attorney Abigail King will now represent the government in this matter.

USA v Ayala is the opposite of what happened in Colorado in Bonidy v USPS. Bonidy initially won his case in the District Court in 2012. The USPS appealed to the Court of Appeals for the Tenth Circuit. The Tenth Circuit reversed the district court and held that because the Heller decision mentioned “government buildings,” the USPS could ban guns on any USPS property in 2015.

Bonidy asked the Supreme Court to hear the case. However, Justice Scalia had died, and the court had only eight members. The Supreme Court refused to hear the Bonidy case in 2016.

The Bruen decision in 2022 slapped down the Tenth Circuit appeals court approach to the Second Amendment. The guidance under the Bruen decision is clear. Judge Kimball, in the Ayala case, followed the guidance from the Bruen decision and ruled the ban on guns in the post office unconstitutional. When the case goes to the Court of Appeals for the Eleventh Circuit, we will find out if the three-judge panel on the Eleventh Circuit will follow the clear guidance given by Bruen.

There is no applicable historical precedent for banning guns in post offices. No ban on guns in the post office existed when the Second Amendment was ratified or at the time of the ratification of the Fourteenth Amendment. The ban is very recent in Constitutional terms. It was created in 1972.

About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.