Court rules State Department can bar agent from carrying handgun at work

The Southern District of New York magistrate, Gabriel Gorenstein, issued a decision in Tyson-Phipps v. Rubio concerning a Diplomatic Security Special Agent of the United States Department of State who was disciplined for possessing a licensed handgun in a private hotel room in an open-carry state. The agent claimed the disciplinary action violated his Second Amendment rights and the Administrative Procedure Act. The court rejected that claim, noting that, just as private security employers can forbid employees from carrying personal weapons on the job, the federal government may impose the same limitation on its workers.

The judge explained that the Supreme Court's Bruen ruling, which addresses governmental regulation of firearms, does not apply because the restriction is an internal employment policy rather than a public licensing scheme. The opinion emphasized that constitutional gun protections generally do not extend to government employees while they are on duty. It also referenced scholarly analysis of how First, Fourth, and Second Amendment doctrines typically do not govern government actions toward its own staff.