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Federal judge allows citizens to challenge post office gun ban
November 29, 2011
Colorado: It seems the Postal Service has precedent on its side, though Judge Richard Matsch wants to hear arguments. A couple in Colorado is challenging post offices' status as "sensitive places," stating that the gun ban on Postal Service property makes it impossible for them to retrieve their mail. The couple lives far from town and does not receive home delivery. Both are concealed-carry permit holders.[1]
The Postal Service attempted to have the suit dismissed, as the Supreme Court of the United States has ruled that restricting the right to have firearms is not violated in "sensitive places." Also, the United States Court of Appeals for the 5th Circuit allowed the conviction of a man with a gun on Postal Service property to stand. Since the Fifth Circuit does not have jurisdiction in Colorado, that case cannot directly influence the current one.[2]
The attorney for the couple who brought the challenge contends that the question has not yet been answered by a court. He said, "This is a situation that hasn't been challenged before, where you have members of the general public who want to exercise their right to carry."[2]
Judge Matsch's refusal for dismissal means that both sides of the case will prepare arguments to be heard at a later date.
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