Tuesday, March 22, 2011

Challenge To USPS Ban On Firearms Dismissed

There will be a  hearing today in Bonidy et al v. USPS et al on the government's motion to dismiss this case. It is set for 2pm before Judge Richard Matsch in U. S. District Court for the District of Colorado.

My post on the complaint can be found here and another post on the USPS's Motion to Dismiss can be found here.

The plaintiff's response to the motion to dismiss is here and the defense's reply to the response is here.

The case was brought on behalf of Avon, CO residents Debbie and Tab Bonidy along with the National Association for Gun Rights as an institutional plaintiff by the Mountain States Legal Foundation in early October 2010. The Bonidys, who both hold Colorado concealed carry permits, are challenging the Postal Service's restriction on firearms on Postal Service property and especially in the parking lot. The Postal Service does not provide them with home delivery and they must go to the Avon Post Office to pick up their mail.

UPDATE: Judge Richard Matsch took all of 24 minutes to decide to grant the Defendant's Motion To Dismiss the case. Plaintiffs have 20 days to file an amended complaint.
Hearing on Motion to Dismiss
1:56 p.m. Court in session.

Plaintiffs Tab and Debbie Bonidy and defendant United Postal Service’s client representative Rod Eves are present.

Court’s preliminary remarks and disclosure pursuant to Title 28 U.S.C § 455.

Mr. Manley answers questions asked by the Court regarding case facts and claims with respect to the postal service firearms’ regulation.

Argument by Ms. Farby [6].

Argument by Mr. Manley.

ORDERED: Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint, filed
December 6, 2010 [6], is granted with leave for plaintiffs to file an amended
complaint (20 days) by April 11, 2011.

2:20 p.m. Court in recess.

Hearing concluded.
Total time: 24 min.

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