Thursday, October 22, 2009

Fifth Circuit upholds USPS parking lot gun ban

From Mike Stollenwerk, on a recent Fifth Circuit decision:
On October 14, 2009 the United States Circuit Court of Appeals for the Fifth Circuit upheld the conviction of a postal employee for possessing a gun in his vehicle while parked on a non-public United States Postal Service (USPS) parking lot in violation of a federal regulation at 39 CFR 232.1(l). ...

Mr. Doroson had appealed the conviction on the ground that the USPS gun ban violated the Second Amendment. The Fifth Circuit panel disagreed, writing that
“the Postal Service used the parking lot for loading mail and staging its mail trucks. Given this usage of the parking lot by the Postal Service as a place of regular government business, it falls under the ‘sensitive places’ exception recognized by Heller.”

More here. The decision, U.S. v. Doroson, is available here. The Fifth Circuit covers Texas, Louisiana, and Mississippi.

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