Bonidy V. USPS

This is a discussion on Bonidy V. USPS within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Hi all, Does anyone know why Bonidy v. USPS was dismissed? I am just curious. I tried the search function here and a google search, ...

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Thread: Bonidy V. USPS

  1. #1
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    Bonidy V. USPS

    Hi all,

    Does anyone know why Bonidy v. USPS was dismissed? I am just curious.

    I tried the search function here and a google search, and didn't really find what I was looking for. The court documents don't indicate the reason why it was dismissed.

    Thanks for any info.

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    The judicial opinion does cite the reason. The judge basically stated in his opinion that the plaintiff did not have standing to bring the suit. USPS had a long and established policy of prohibition and the court did not want to analyze the Supreme Courts ruling as to how or why it could be relevant in this case. That was the gist of it.

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    I guess I couldn't sort that out from the rest of the legalese there. Thank you.

    That kinda sucks. I think maybe they sometimes dodge potentially controversial rulings by falling back on the standing or lack thereof of the involved parties.

    I guess it would have been better for standing if one of the Bonidys had actually been arrested, right?

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    Could not say, I'm not a lawyer. I do think the judge made the right call even though the outcome is not what I would want. I just don't believe in judicial activism and I think it is ruining this country.

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    If I understand it correctly, the judge is saying that you can't challenge the statute unless you've been convicted under it. A common 2A two-step to arbitrarily dismiss challenges to anti-gun statues.

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    Bonady vs USPS

    Quote Originally Posted by randian View Post
    If I understand it correctly, the judge is saying that you can't challenge the statute unless you've been convicted under it. A common 2A two-step to arbitrarily dismiss challenges to anti-gun statues.
    The plaintiff was allowed to refile which resulted in a overturning the parking lot ban.

    Federal judge: Post Office violated man's rights by banning gun from parking lot.

    Memorandum Opinion and Order Bonidy v. USPS Order

    In sum, openly carrying a firearm outside the home is a liberty protected by the Second Amendment. The Avon Post Office Building is a sensitive place and the ban imposed by the USPS Regulation is a presumptively valid restriction of that liberty. The Plaintiff has failed to present evidence to rebut that presumption. The parking lot adjacent to the building is not a sensitive place and the Defendants have failed to show that an absolute ban on firearms is substantially related to their important public safety objective. The public interest in safety and Mr. Bonidy’s liberty can be accommodated by modifying the Regulation to permit Mr. Bonidy to “have ready access to essential postal services” provided by the Avon Post Office while also exercising his right to self-defense. Accordingly, it is

    ORDERED, that the Defendants take such action as is necessary to permit Tab Bonidy to use the public parking lot adjacent to the Avon Post Office Building with a firearm authorized by his Concealed Carry Permit secured in his car in a reasonably prescribed manner, and it is

    FURTHER ORDERED, that the other claims of unconstitutionality of 39 C.F.R. § 232.1(l) made by Plaintiffs are denied.
    I carry a bible and a gun. Your Point?

    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")

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    "In sum, openly carrying a firearm outside the home is a liberty protected by the Second Amendment."

    Then why is it prohibited by law in so many states?

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