Dive Brief:

• The National Rifle Association and other plaintiffs filed a lawsuit in federal district court in Philadelphia May 26 against the U.S. Department of Justice seeking to allow people to carry guns into post offices and other property owned by the U.S. Postal Service.
• Hornbake, et al., vs. Blanche claims there’s no justification for the ban since the U.S. Supreme Court ruled in 2022 that New York’s concealed carry law was unconstitutional.
• Advocates have cited the Supreme Court’s 2022 ruling in N.Y. State Rifle & Pistol Association v. Bruen in several lawsuits filed this year to broaden the scope of where they can lawfully carry guns. 

Dive Insight:

The Supreme Court’s 2022 decision ruled that in a gun rights context, a judge must consider whether a restriction aligns with historical laws that form a national tradition of firearms regulation, according to the plaintiffs in the Hornbake case. 

Guns were allowed in post offices, which initially were operated out of taverns, from the early 17th century until they were banned in 1972, the plaintiffs say. 

“It was so common for patrons to carry their firearms there that taverns typically contained ‘hooks to hang firearms,’” the lawsuit states, quoting from a history of post offices. “Accordingly, the challenged prohibitions cannot be justified as addressing some novel societal ill.” 

Earlier this month, a federal appeals court, citing the same Supreme Court decision, shot down a New York law requiring owners of public-facing private property to affirmatively state that guns are allowed on the property. Absent that permission, guns were banned by default. 

In April, advocates called for guns to be allowed in national park buildings using the same historical tradition argument. That lawsuit is pending. 

Gun lawsuits similar to New York’s are pending in other states, including Hawaii, New Jersey, Maryland and Virginia, according to an analysis by the NRA’s Institute for Legislative Action.

In an email to Facilities Dive, a spokesperson for the Department of Justice didn’t say whether the agency plans to defend the ban in court. It said the Trump administration is the “most pro-Second Amendment Department of Justice in history” and added that “DOJ and ATF are doing historic work to roll back needless regulations and maximize law-abiding citizens’ ability to fully exercise their Second Amendment rights.” ATF is the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. 

Editor’s note: The piece was updated to include the Department of Justice’s email statement.