Post Office Gun Ban Lawsuit Moves Forward For Mountain States Legal Foundation

Insofar as the U.S. Bill of Rights goes, the Second Amendment seems most likely to start a fight. Sure the First will talk smack and the Seventh thinks the people have its back, but battles over the right to carry a gun seem the fiercest fought. This is certainly the case for an Avon couple who, 7News reports, feel the U.S. Postal Service firearm ban unjustly keeps them from picking up their mail.

Debbie and Tab Bonidy of Avon, Colorado, filed suit on October 4, 2010 after traveling from their rural home to pick up mail in the city. While both are licensed with concealed-carry permits for their handguns, they are prohibited from carrying a firearm (or parking their vehicle with a firearm in it), on Postal Service property.

A federal judge in Denver recently allowed the lawsuit to move forward. The case, brought by the Mountain States Legal Foundation, argues the U.S. Postal Service's banning of firearms on its property violates citizen's rights to "keep and bear arms," reports USA Today

The Postal Service initially sought to dismiss the case, noting the Bonidys could easily leave their guns in their parked car on the street. Postal Service representatives also pointed out the U.S. Supreme Court affirms a right to carry firearms, but that prohibitions on firearms in "sensitive places" are legal, writes the Denver Post.

A Mountain States Legal Foundation press release argues,

The Postal Service’s total ban on firearms possession impairs the right to keep and bear arms as protected by the Second Amendment even when individuals are traveling to, from, or through Postal property because the Postal Service does not allow people to store a firearm safely in their vehicles. Anyone with a hunting rifle or shotgun in his car, or a handgun in his glove compartment for self-defense, violates the Postal Service ban by driving onto Postal Service property. Thus, the ban also denies the right to keep and bear arms everywhere a law-abiding gun owner travels before and after visiting Postal Service property.

Comments

[BHirsh]

02:26 AM on 11/30/2011

The Post Office's regulation banning carry violates USC Title 18 § 930. Possession of firearms and dangerous weapons in Federal facilities - (a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both. - (d) Subsection (a) shall not apply to— (3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

This law is pretty clear. But as usual, the federal government chooses which laws it wishes to obey. After all, who's gonna stop them?

[Rooster Coburn]

11:10 PM on 12/05/2011

A man with a gun took three people hostage at a post office a few years ago. Hostage: Post office gunman was angry at government. http://www.statesman.com/news/nation/hostage-post-office-gunman-was-angry-at-government-146816.html

[Conlaw Bloganon]

09:50 PM on 11/29/2011

See, that's the tricky thing about post offices and schools. In the whole rest of the world, I'm a law-abiding citizen, and a force to be reckoned with if a criminal attacks me. But as soon as I cross that threshold, according to the Brady Campaign, I'm a danger to society and must be disarmed. Because everyone knows that, even if I were a criminal intent on violence, a petty law about where I could carry my gun would stop me. /sarcasm

[Jerry Bourbon]

03:56 PM on 11/29/2011

The most dangerous place in America is a "gun free zone".

[arliobserver]

02:06 PM on 11/29/2011

Here in Northern VA - every 7th adult is an attorney. If anything were to go wrong suring my trip to get staqmps they would stop all action until a committee rulede on a course of action. Every 20th adult person is carrying a gun anyway - by permit or off duty. Over 20 police departments in DC plus alll the armed FEDS, off duty cops etc. Yhe Post Office ban is consistant with their policy not to employ or continue to employ persons whom are in treatment for depression or panic attacks - as they consider them dangerous. USPS is messed up because their management is messed up. USPS is a stressful jateful place to work and destined to fail.

[bluebourbon]

12:09 PM on 11/29/2011

Wow, I'm impressed with first 5 comments. Here we are on the Huffington Post & seems like most of us support gun rights - even if to different degrees. I'm a gun-toting liberal & am pleased & surprised by the comments.

[From my cold dead hands]

12:58 PM on 12/04/2011

Lots of liberals support the Second Amendment.

[lensman3]

11:02 AM on 11/29/2011

Can't carry firearms on the Denver Fed. Center either. I heard that when out of state hunters stop at the Fed center to get topo maps, they have to have someone stay outside the gates with the firearms while the group gets their maps.....

[D-Driller]

12:27 AM on 11/29/2011

Man, this is a frivolous lawsuit. I carry a gun, just not in certain federal places, or into bars. You're at the post office a total of maybe 24 hours in your entire lifetime - who cares?

[Grumpy Man]

08:51 AM on 11/29/2011

It's about principal, not specific risk. Rights should only be infringed when solid evidence indicates a greater good is served by that infringement. In the case of permitted concealed carriers stopping to pick up their mail I think one would have a very hard time arguing that a greater good is served by having them disarm.

[PavePusher]

08:23 PM on 12/03/2011

Please explain why a post office should be "gun free" (knowing that the sign will do nothing to stop those with criminal intent).

[D-Driller]

10:06 PM on 12/03/2011

But who cares? Is this worth a million or more in taxpayer funds to try the case? Postal workers shoot enough people, we don't need to give them the weapons...

[PavePusher]

11:11 PM on 11/28/2011

The lobby/customer service area of a Post Office is not a "sensitive place". It is a public area of a public institution.

[Robert Weller]

05:01 PM on 11/28/2011

Wow. That is really scary. Driving in the Vail/Avon area. Sure wouldn't want to be there without my Glock. Might be hit by a flying snowboarder.

[ElmCreekSmith]

01:41 PM on 12/04/2011

In a post office, Bob?

ECS

[From my cold dead hands]

09:12 AM on 12/05/2011

Couldn't happen. Snowboards are banned in post offices.......