Texas Court Strikes Postal Gun Ban — NY Still Barred

In a sweeping 2025 victory, a Texas federal judge ruled that the USPS post office gun ban is unconstitutional. The DOJ dropped its appeal in Ayala, signaling retreat. But in New York, the CCIA and Penal Law §265.01-e still ban carry in post offices.

Published: October 4, 2025 • By NY SAFE Inc. • www.nysafeinc.com

Breaking: A Historic Win Against USPS “Gun-Free Zones”

On September 30, 2025, Chief U.S. District Judge Reed O’Connor (Northern District of Texas) ruled in Firearms Policy Coalition v. Garland that 18 U.S.C. §930(a) and 39 C.F.R. §232.1(1) violate the Second Amendment as applied to ordinary post offices and their parking areas.

The decision bars federal enforcement of both the statute and USPS regulation against members of the Firearms Policy Coalition (FPC) and the Second Amendment Foundation (SAF). The court found no historical tradition of banning firearms at post offices, making the ban unconstitutional under Bruen’s “history and tradition” test.

Courthouse News and Guns.com called the case a landmark in the fight to restore constitutional carry rights on federal property.

DOJ’s Retreat: The 2024 Ayala Case Paved the Way

In United States v. Ayala (M.D. Fla. 2024), Judge Kathryn Kimball Mizelle struck down §930(a) as applied to a postal employee. That case first exposed how weak the government’s history-based arguments were under Bruen.

In August 2025, the U.S. Department of Justice announced it would not appeal Ayala, effectively cementing the win. The Texas ruling that followed just months later expanded the scope to both the statute and the USPS regulation itself.

Why This Matters Nationwide

Dual victory: The Texas decision invalidates both the federal statute and the USPS regulation — a first.
Injunction in force: DOJ’s choice not to appeal Ayala and silence (so far) on this case leaves the judgment active.
Historical clarity: The court found no 18th- or 19th-century analogues for post-office carry bans — a cornerstone of Bruen analysis.
Momentum builder: Together, Ayala and FPC v. Garland form a one-two punch for challengers eyeing other federal “gun-free zones.”

New York’s Reality: CCIA & Penal Law §265.01-e Still Block Carry

Despite these federal wins, New Yorkers remain barred from carrying in post offices. Under the CCIA’s Penal Law §265.01-e, it’s a felony to carry a firearm in “any place owned or under the control of federal, state, or local government for the purpose of government administration.” That covers post offices, courthouses, DMVs, and town halls alike.

Even though the federal government can’t enforce §930(a) against Texans, New York can still enforce its own sensitive-location statute — a separate state law entirely. Violating it carries serious criminal penalties.

For a plain-language overview of where you can and can’t carry, see our NY CCW Sensitive Locations Guide.

Where the NY Legal Battles Stand

Antonyuk v. James

The flagship CCIA challenge, Antonyuk v. James, attacks New York’s licensing process and sensitive-place map. The Second Circuit preserved most of the CCIA while trimming edge provisions like social-media disclosures. The Supreme Court declined review in 2025, leaving that framework in place.

Christian v. James

Christian v. James (FPC) successfully struck New York’s default “no-carry on publicly accessible private property” rule. It’s the biggest CCIA carve-out yet and shows courts are willing to limit overreach.

Future “As-Applied” Suits

The Texas ruling now provides a roadmap for New Yorkers: future plaintiffs can file as-applied challenges arguing that post offices, libraries, or parks aren’t historically “sensitive” and thus can’t be banned wholesale.

Who’s Leading the Fight

Firearms Policy Coalition (FPC) — lead plaintiff in the Texas case.
Second Amendment Foundation (SAF) — co-plaintiff, prolific federal litigator.
Gun Owners of America (GOA) — currently suing to overturn the USPS handgun-mailing ban (Reuters coverage).

Each win builds precedent that can be applied inside New York’s courts. Supporting these groups accelerates the timeline toward constitutional normalization.

FAQ: Post Office Carry & New York Gun Laws

Can I carry a gun in a post office now?

Not nationwide. The Texas decision applies to FPC and SAF members at ordinary post offices. Other districts may differ, and New York’s separate Penal Law §265.01-e still makes post offices “sensitive locations.”

Did the DOJ appeal these rulings?

The DOJ declined to appeal Ayala in August 2025 (source), leaving that win in place. No appeal of FPC v. Garland has been reported as of early October 2025.

Does this affect New York’s CCIA?

Not directly. The CCIA is a state law. Federal rulings apply to federal statutes and agencies, not state-level sensitive-place rules. However, New York plaintiffs can now cite the Texas case as persuasive authority in future CCIA challenges.

Why did the court strike the USPS ban?

Because under Bruen, modern firearm restrictions must align with America’s historical tradition of regulation. The court found no historic analogue for banning firearms in ordinary post offices or postal lots, making the modern prohibition unconstitutional.

What penalties apply if I carry in a NY post office?

Violating Penal Law §265.01-e is a felony in New York. Conviction can mean license revocation, criminal record, and imprisonment. Even with a federal win elsewhere, do not carry in NY post offices until state law changes.

How can I help change New York’s laws?

Support FPC, SAF, and GOA litigation, contact your state legislators to reform the CCIA, and share accurate information. Grassroots education and lawsuits working in parallel drive policy change.