GunsDOJ Loses Fight to Limit Post Office Carry Ruling

DOJ Loses Fight to Limit Post Office Carry Ruling

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We reported back in November that, after a federal court ruled the ban on carrying firearms in post offices unconstitutional, the Department of Justice (DOJ) filed a motion to significantly limit the scope of the injunction.

In the case Firearms Policy Coalition Inc. v. Bondi, the court ruled on September 30:  “The Court determines that both 18 U.S.C. § 930(a) and 39 C.F.R. § 232.1(1) are inconsistent with the principles that underpin this Nation’s regulatory tradition. Thus, they are unconstitutional as applied to carrying firearms inside an ordinary post office or on post office property.”

Unsatisfied with the ruling, the DOJ immediately filed a motion to limit the scope of the injunction to only the named individual plaintiffs and to members of SAF and its partner organizations who were members when the complaint was originally filed and who have been identified and verified. That, of course, prompted both the Firearms Policy Coalition (FPC) and Second Amendment Foundation (SAF) to fight back, filing a brief countering the federal government’s request.

On March 17, a District Court judge in Texas ruled in favor of the two organizations and their partners, confirming that all current and future members are covered by the injunction in the case, which bars enforcement of the post office carry ban at most ordinary locations.  

FPC President Brandon Combs said the ruling was a major victory for the rule of law and for his organization and its members.

“We are delighted that the law and common sense prevailed in this important fight to secure the right to carry throughout the United States,” Combs said in a news release announcing the ruling. “The Trump Administration should stop trying to redline the Constitution and end their war on appropriate judicial relief.”

Speaking for his organization, SAF Executive Director Adam Kraut called the ruling a “huge win” for current and future SAF members nationwide.

“There was never a constitutional justification to disarm people who simply need to go to the post office,” Kraut said in an SAF news release. “Despite the government’s attempt to continue to enforce this unconstitutional law against as many people as possible, the court today followed the law and confirmed that all current and future SAF members are covered by the injunction against the enforcement of this ban. If you’re not already, this is a great time to become a SAF member.”

Alan M. Gottlieb, SAF founder and executive vice president, said he is “heartened” by the judge rejecting the government’s request to limit the scope of the ruling.

“The truly shocking thing here is that even after a United States District Judge declared this law unconstitutional, the government responded by saying, ‘Yeah, but we want to continue enforcing it against almost everyone,’” Gottlieb said. “We are heartened by today’s ruling and that the court was not persuaded by the government’s argument. Applying the injunction to all current and future SAF members is consistent with well-settled case law, and being included in injunctions like these is one of the best reasons to be a SAF member.”



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