Bonidy v. U.S. Postal Serv., Nos. 13-1374, 13-1391 (10th Cir. June 26, 2015).
Nationwide same-sex marriage! Hooray! This is a wonderful day.
Meanwhile, the less dramatic but equally important work of the lower federal courts continues. In this case, plaintiff Tab Bonidy, who has a concealed-carry permit under Colorado law, has challenged a postal regulation prohibiting him from bringing guns into his nearby post office, including the post office’s parking lot. The Tenth Circuit now rejects Bonidy’s challenge to the regulation.
Relying on language from the Heller decision that approved “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings,” the majority of this Tenth Circuit panel upholds the postal regulation. This language may be dicta, says the majority, but it has to be taken seriously.
The majority holds that the post office’s parking lot should be considered part of the post office itself. But it goes on to hold that even if the parking lot were considered to be separate, the regulation would still be constitutional.
Judge Tymkovich dissents in part. He would hold that the regulation is unconstitutional as applied to the parking lot.