In United States v. Ayala, the federal government is appealing to the Eleventh Circuit Court of Appeals after a federal district court in Florida ruled that the federal ban on carrying firearms in federal facilities (18 U.S.C. § 930(a)) is unconstitutional as applied to post offices. The Minnesota Gun Owners Caucus has joined other gun rights organizations in an amicus brief urging the Eleventh Circuit to affirm that ruling.
The Postal Service would be familiar to the Founders: the Constitution authorized Congress to establish post offices, and Congress did so in the Founding era. Yet no law banned the public from carrying firearms in post offices until the late 20th century. Under the Supreme Court’s test in Bruen, that should end the matter.
Our brief makes three arguments:
- Under Bruen, “sensitive places” are narrowly defined. The only historical tradition is banning arms where the deliberative business of government is conducted, and an ordinary post office is not that kind of place. The government acting as a property owner or employer does not give it the power to eliminate the right to carry.
- The Supreme Court’s decision in United States v. Rahimi confirms the Bruen method and exposes the weakness of the government’s historical analogues. The government has offered no Founding-era law to justify the ban, and it has not shown that Mr. Ayala is dangerous.
- Concealed carry permit holders, like Mr. Ayala, are overwhelmingly law-abiding. Data from Florida, Texas, Wisconsin, and Minnesota show that permit holders commit a tiny share of crimes.
We are joined in this Amicus Curiae Brief by:
- The California Rifle & Pistol Association
- The Second Amendment Law Center
- The Second Amendment Foundation
Outcome
In August 2025, the Justice Department dropped its appeal. On August 15, 2025, it notified the Eleventh Circuit and Congress that it would dismiss the case, leaving in place the district court’s ruling that the federal ban on carrying in federal facilities is unconstitutional as applied to post offices. The Eleventh Circuit never ruled on the merits.
Last updated: August 15, 2025
Case Details
Case Title
United States of America v. Emmanuel Ayala, on appeal from the United States District Court for the Middle District of Florida (Case No. 8:22-CR-369-KKM-AAS-1, Hon. Kathryn Kimball Mizelle).
Eleventh Circuit Case #
24-10462
Our Brief
On our website, you can read our Amicus Brief filed in the United States Court of Appeals for the Eleventh Circuit on September 23, 2024.
Counsel of Record
In this case, we are represented by C.D. Michel and Konstadinos T. Moros of Michel & Associates, P.C.
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