A small win, I’ll Take it.

I wasn’t too happy about how they ruled regarding carrying inside the Post Office, but with regards to the parking lot… AWESOME!

By contrast, prohibiting Mr. Bonidy from securely storing his firearm in his vehicle sweeps too far; the parking lot is not similarly sensitive, and the public safety concerns associated with open carry in the building are not similarly implicated. Therefore, as applied to Mr. Bonidy and his request to use the parking lot with his gun securely stored in his car,the USPS Regulation is not substantially related to the government’s public safety interest. It is an unconstitutional burden on Mr. Bonidy’s freedom under the Second Amendment.

In sum, openly carrying a firearm outside the home is a liberty protected by the Second Amendment. The Avon Post Office Building is a sensitive place and the ban imposed by the USPS Regulation is a presumptively valid restriction of that liberty. The Plaintiff has failed to present evidence to rebut that presumption. The parking lot adjacent to the building is not a sensitive place and the Defendants have failed to show that an absolute ban on firearms is substantially related to their important public safety objective. The public interest in safety and Mr. Bonidy’s liberty can be accommodated by modifying the Regulation to permit Mr. Bonidy to “have ready access to essential postal services” provided  by the Avon Post Office while also exercising his right to self-defense.

You can read the entire decision here:

MSJ Order

It’s a win and a loss.  The loss as read doesn’t surprise me and it is one of those things that serves as a solid reminder that you’re playing a game of chess.  Make sure you have a good solid case for anything you bring before the bar.  Miscalculations, especially when you troll for a criminal case against you, can be damaging to future cases and used as precedent.

This guy had a plan and he shot for the moon but he made it to Orbit and didn’t really get burned against us at all.  They merely stated he hadn’t proven his case.  As I said in the title, I’ll take it.

via Gay Cynic.

Tagged , , , . Bookmark the permalink.

About TMM

TMM is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms. Many know his private name and information however due to the current political climate, many are distancing themselves due to the abandonment of Due Process.

Comments are closed.