From Casetext: Smarter Legal Research

U.S. v. Dorosan

United States Court of Appeals, Fifth Circuit
Oct 14, 2009
350 F. App'x 874 (5th Cir. 2009)

Summary

finding that a firearms ban in post office parking lots fell outside the scope of the Second Amendment

Summary of this case from GeorgiaCarry.org, Inc. v. U.S. Army Corps of Eng'rs

Opinion

No. 08-31197.

October 14, 2009.

Andre' G. Jones, Stephen A. Higginson, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.

Robin Elise Schulberg, Roma A. kent, Assistant Federal Public Defender, Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 08-CR-42-1.

Before REAVLEY, JOLLY, and WIENER, Circuit Judges.


Defendant-Appellant Clarence Paul Dorosan appeals his conviction of violating 39 C.F.R. § 232.1(1) for bringing a handgun onto property belonging to the United States Postal Service. For the reasons below, we AFFIRM.

Dorosan raises one argument on appeal: The regulation under which he was convicted violates his Second Amendment right to keep and bear arms, as recently recognized in District of Columbia v. Heller, 555 U.S. ___, 128 S.Ct. 2783, 2822, 171 L.Ed.2d 637 (2008). Assuming Dorosan's Second Amendment right to keep and bear arms extends to carrying a handgun in his car, Dorosan's challenge nonetheless fails.

First, the Postal Service owned the parking lot where Dorosan's handgun was found, and its restrictions on guns stemmed from its constitutional authority as the property owner. See U.S. CONST. art. IV, § 3 cl. 2; United States v. Gliatta, 580 F.2d 156, 160 (5th Cir. 1978). This is not the unconstitutional exercise of police power that was the source of the ban addressed in Heller. See 128 S.Ct. at 2787-88 (noting the laws in question "generally prohibit[ed] the possession of handguns" anywhere in the city).

Moreover, the Postal Service used the parking lot for loading mail and staging its mail trucks. Given this usage of the parking lot by the Postal Service as a place of regular government business, it falls under the "sensitive places" exception recognized by Heller. See Heller, 128 S.Ct. at 2816-17 (holding that "nothing in our opinion should be taken to cast doubt on . . . laws forbidding the carrying of firearms in sensitive places such as schools and government buildings. . . .").

Finally, the Postal Service was not obligated by federal law to provide parking for its employees, nor did the Postal Service require Dorosan to park in the lot for work. If Dorosan wanted to carry a gun in his car but abide by the ban, he ostensibly could have secured alternative parking arrangements off site. Thus, Dorosan fails to demonstrate that § 232.1(Z) has placed any significant burden on his ability to exercise his claimed Second Amendment right.

In conclusion, the above-stated facts do not compel us to hold that § 232.1(1) as applied to Dorosan is unconstitutional under any applicable level of scrutiny.

AFFIRMED.


Summaries of

U.S. v. Dorosan

United States Court of Appeals, Fifth Circuit
Oct 14, 2009
350 F. App'x 874 (5th Cir. 2009)

finding that a firearms ban in post office parking lots fell outside the scope of the Second Amendment

Summary of this case from GeorgiaCarry.org, Inc. v. U.S. Army Corps of Eng'rs

finding that a firearms ban in post office parking lots fell outside the scope of the Second Amendment

Summary of this case from Georgiacarry.Org, Inc. v. U.S. Army Corps of Eng'rs

upholding regulation barring possession of handguns on U.S. Postal Service property

Summary of this case from Nat'l Rifle Ass'n of Am., Inc. v. Bureau of Alcohol

upholding a regulation prohibiting firearms possession in postal service parking lots

Summary of this case from GeorgiaCarry.org, Inc. v. U.S. Army Corps of Eng'rs

noting that U.S. Postal Service is authorized under the Property Clause to exclude firearms from its property

Summary of this case from United States v. Masciandaro

noting that U.S. Postal Service is authorized under the Property Clause to exclude firearms from its property

Summary of this case from U.S. v. Masciandaro

positing that a parking lot belonging to the USPS was a sensitive place

Summary of this case from Georgiacarry.org, Inc. v. Georgia
Case details for

U.S. v. Dorosan

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee v. Clarence Paul DOROSAN…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 14, 2009

Citations

350 F. App'x 874 (5th Cir. 2009)

Citing Cases

GeorgiaCarry.org, Inc. v. U.S. Army Corps of Eng'rs

d carry restrictions on properties far more integral to citizens' everyday lives to fall outside the scope of…

United States v. Class

In sum, because the Maryland Avenue lot has been set aside for the use of government employees, is in close…