It could be worse, anticipation…

One of the issues that we have in the Second Amendment community, is that infringers cluster. Nobody in Texas is passing bills like Illinois’ PICA, but California and New York did.

These cases get challenged and then flow up the court system to the circuit courts.

When the case finally arrives at the Supreme Court, we are begging for the Supreme Court to grant cert.

But cert is only granted to a limited number of cases per term. The court wants to choose cases that will answer the most issues.

One of the way of knowing that there are issues, is when there is a conflict between circuit courts, called a circuit split.

The way it works is that when somebody in Illinois requests cert saying “sensitive places bans are unconstitutional” the state argues that all the circuit agree. The fact that Texas isn’t as enlightened as Illinois is not relevant. We know that the Fifth Circuit will agree with the 9th, 7th, 2nd, 4th and 3rd.

The People’s argument holds just as much weight. It is just an opinion until there are actual differences.

What this means is that only the infringing states with rogue inferior courts have hard the question of “sensitive places”.

But there is good news for us. There is a sensitive place where we are forbidden from exercising our Second Amendment protected rights. The Post Office.

The FPC, SAF and two people, Pate, and Mandry have filed suit in the Northern District of Texas, Fort Worth Division challenging 18 U.S.C. §930(a) and 39 C.F.R. §232.1(l) which bars firearm carry and storage on property under the control of the Postal Service.

There is a good probability that this case will move more rapidly than others, with the state losing. Once it gets to the Supreme Court, they will be dealing with a circuit split.

The case is —Complaint, Firearms Policy Coalition Inc v. Garland, No. 24-cv-00565 (District Court)

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By awa

3 thoughts on “Expectations…”
  1. As always, thanks for your work, Awa. If and when you leave this blog, and if you choose to produce and publish your work somewhere else, please keep me informed. I look forward to supporting any future publications should you choose to go down that path.

  2. I didn’t realize the importance of conflicting lower decisions, and the fact that left wing courts speaking in unison don’t create those.
    There are several Federally mandated “sensitive places”. The post office is one. Airplanes and airports are another. As Scott Bieser has pointed out, it’s the victim disarmament in airplanes that enabled the 9/11 hijackers.
    Hm… are buses and/or trains Federal sensitive places? What about schools?

    1. The Federally mandated victim area in an airport is only past the security points. It is legal, in my state, to take a firearm into the airport.

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