“The question then is how much, if at all, should those statements still apply when laws are now challenged under the text, history and tradition test.” “It kind of highlights the tension between some of the things the Supreme Court has said in its earlier Second Amendment decisions … and its Bruen test,” Mr. He said any challenge to a federal facility’s ban on firearms would likely require a Bruen analysis on a case-by-case basis. He suggested that the decision doesn’t apply beyond Mr. Charles said.Īndrew Willinger, a Duke University School of Law professor, said the judge differentiated a regular post office from other government buildings where voting or judicial deliberations occur. “The court’s open rejection of Heller’s statement that bans on guns in government buildings are permissible seems hard to square with Bruen’s embrace of Heller rather than its rejection of that decision’s conclusions,” Mr. Heller, examined restrictions on firearms kept in the home. Charles, a professor at Pepperdine Caruso School of Law, said the judge rejected the Supreme Court’s 2008 precedent permitting guns in schools and government buildings. Judge Mizelle said the government provided no historical analog to support its prohibition of Mr. The high court ruled 6-3 in that dispute that any gun control law must be consistent with the nation’s founding dating back to the ratification of the Second Amendment. Ayala’s first charge, reasoning that the ban on firearms on federal property is unconstitutional in light of the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association Inc. Ayala’s attorneys did not immediately respond to a request for comment on the judge’s order.Ī spokesperson for the Justice Department did not immediately respond on whether it will appeal. “At some point, when twenty-eight percent of land in the United States is owned by the federal government and many ordinary activities require frequenting a ‘Federal facility,’ the government’s theory would amount to a nullification of the Second Amendment right altogether.”
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