Joe Biden went through the roof after a federal judge ruled this gun ban is unconstitutional

Jan 18, 2024

The blowback against gun control laws is starting to have some major impact.

And more and more courts are siding with the Second Amendment.

That’s why Joe Biden went through the roof after a federal judge ruled this gun ban is unconstitutional.

A federal judge in Florida has ruled that a U.S. law banning people from possessing firearms in Post Offices is unconstitutional.

Blanket restrictions on possessing firearms is unconstitutional

In her decision, U.S. District Judge Kathryn Kimball Mizelle cited a landmark U.S. Supreme Court ruling from 2022 that expanded gun rights.

Judge Mizelle reached her conclusion when she dismissed part of an indictment charging a postal worker with illegally possessing a gun in a federal facility.

Mizelle ruled that the charge violated Emmanuel Ayala’s right to keep and bear arms under the U.S. Constitution’s Second Amendment.

She further said “a blanket restriction on firearms possession in post offices is incongruent with the American tradition of firearms regulation.”

The Judge refused to dismiss a separate charge against Ayala for forcibly resisting arrest. 

The decision marked just the latest court decision declaring a gun restriction unconstitutional.

These rulings followed the U.S. Supreme Court’s June 2022 ruling in New York State Rifle & Pistol Association v. Bruen.

That landmark ruling finally recognized for the first time that the Second Amendment does in fact protect an individual’s right to carry a handgun in public for self-defense.

A new test for firearms laws

The Supreme Court’s ruling was a welcome decision for gun owners and defenders of the Constitution.

And it has set the stage for even more such lower court rulings that are beginning to restore constitutional rights as spelled out in the Second Amendment. 

It also established a new test for assessing firearms laws, by saying any restrictions on firearms must be “consistent with this nation’s historical tradition of firearm regulation.”

In the Florida case, Ayala, a U.S. Postal Service truck driver in Tampa, had a concealed weapons permit and kept a Smith & Wesson 9mm handgun in a fanny pack for self-defense, his lawyers said.

But despite this, he was indicted after prosecutors said he brought the gun onto Postal Service property in 2012 and then fled federal agents who tried to detain him.

He was charged under a federal statute that broadly prohibits possession of a firearm in all federal facilities, including U.S. Post Offices.

In her ruling, Mizelle pointed out that while Post Offices have existed since the nation’s founding, federal law did not bar guns in government buildings until 1964 and in Post Offices until 1972. 

She correctly ruled that, dating back to the 1700s, there was no historical practice that justified the ban.

Mizelle also said in her ruling that allowing the federal government to restrict visitors from carrying guns into government facilities as a condition of admittance would allow it to “abridge the right to bear arms by regulating it into practical non-existence.”

Hot Take Politics will keep you up-to-date on any developments to this ongoing story. 

Latest Posts: