"The United States fails to meet that burden. Thus, I dismiss the charge because it violates the plaintiff's Second Amendment right to keep and bear arms," the judge declared in the case, the New American website reports today (Jan. 16, 2024).
The charge was brought against postal worker Emmanuel Ayala when he wore his backpack containing a handgun into the post office where he worked in Tampa, Florida. He was charged under a federal law that declares " whoever knowingly possesses a firearm in a federal facility shall be fined or imprisoned not more than one year, or both."
Judge Kathryn Mizelle thwarted the government's attempt to defend that law, pointing out that "post offices have existed since the founding of the Republic, as have threats to the safety of postal workers and the public entering those locations. Yet the historical record yields no 'distinctly similar historical regulation addressing' those safety problems by regulating firearms in post offices."
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