“A federal judge in Florida ruled a U.S. law that prohibits people from having firearms in post offices to be unconstitutional, the latest court decision declaring gun restrictions violate the Constitution,” The Hill reported Sunday. “U.S. District Judge Kathryn Kimball Mizelle, a Trump appointee, cited the 2022 Supreme Court ruling ‘New York State Rifle & Pistol Association v. Bruen’ that expanded gun rights.”
Considering the preexisting nature of rights, that’s a misleading way of putting things. Still, the Bruen benchmark of recognizing text, history, and tradition at the time the Constitution was ratified means many existing “gun laws” fail to meet that standard and are subject to far-reaching reconsideration in the courts. What remains to be seen is how this decision will stand on appeal, and what effects that will ultimately have on the application of the law in the rest of the nation.
In this case, it also means a Florida case centered around “illegal possession of a firearm in a federal building” by a postal employee could have far-reaching implications in, of all places, the Montana senate race. Specifically, Jon Tester’s bid for reelection…
How?
By letting Montana gun owners know that Tester demands they be disarmed when they go to the post office not even allowed to keep their lawfully owned guns securely stored in their vehicles. That means disarmed on their way to and from, no matter the distance, which in Montana can be considerable, and if it means they’ll be on their own for the duration of the trip.
Can that be true? Tester has always portrayed himself as a “pro-gun Democrat,” and once even boasted an “A” rating from NRA before they downgraded him over his vote against confirming Brett Kavanaugh to the Supreme Court.
This cannot be overstated: If it were up to Tester, we would not have the Bruen decision, as he voted against Trump’s nominees Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, and for Obama’s nominees Sonia Sotomayor and Elena Kagan.
Back in 2014, as a member of the Senate Committee on Homeland Security and Governmental Affairs, Tester voted against “a measure … that would have allowed concealed, loaded guns to be carried in post offices,” dismissing it as a “publicity stunt” by Sen. Rand Paul.
“I would just say this. I don’t … I think I’m a strong supporter of the Second Amendment. I’ve got more guns than I need and I want some more,” Tester stammered to rationalize his support for infringing on the rights of his countrymen. “But the bottom line is, there’s some places where guns are not appropriate… And if there’s issues with the post office, I don’t think it’d be appropriate to have a gun at the post office.”
By “at” he means “in” or “on” the premises, effectively expanding the “gun-free zone” to personal vehicles.
“No person on U.S. Postal Service® property may carry or store firearms, explosives, or other dangerous or deadly weapons, either openly or concealed, except for official purposes. See Title 39, Code of Federal Regulations, Section 232.1.”
This is a point that the two most likely Republican contenders in Montana’s June 4 primary, Brad Johnson and Tim Sheehy, are both well-positioned to exploit.
“The Second Amendment has to do with fundamental and individual right to keep and bear arms – and nothing to do with hunting, target shooting, or collecting and everything to do with defending our homes and our families,” Johnson’s campaign website promises.
“I will fight back against any attempt by liberal politicians like Joe Biden and Jon Tester from pursuing a radical gun control agenda that threatens our Second Amendment rights,” Tim Sheehy declares on his.
Both understandings appear a far cry better than “pro-gun” Jon Tester’s, whose strongest Second Amendment creds appear to center around shooting cows. Johnson and Sheehy need to make sure Montana gun owners know that when it’s up to him, Tester joins his fellow Democrats in a disarmament agenda that will turn its sights on Fudds still dumb enough to vote for them soon enough.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
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