TexasCHLforum.com

K.Mooneyham wrote: ↑Sat Nov 27, 2021 7:33 pm So, I have a question, since this thread was "brought back to life". Does anyone know of any case law where a person's vehicle was searched without other provocation (an altercation, other crime committed, etc.) while parked in the open-to-the-public parking lot of a Post Office, a firearm was discovered, and the person was prosecuted and convicted of a violation of Federal law, resulting in fine or imprisonment? Additionally, if that case law can be pointed out, does anyone know exactly which portion of Federal code was used in said prosecution? Inquiring minds want to know...

I had the same question. I searched and searched. I could never find a case where Federal charges on firearms were made without some other condition - drug sales, etc. involved. The feedback from Corps employees on firearm carry on USACE property is the same - nothing is going to happen unless there is some other condition. There are some cases where someone used a firearm in self-defense and was acquitted of murder charges only to have Federal charges filed afterward, based on the testimony from the original trial. The problem isn't the likelihood but the consequences. The prison terms being sought were 10 years. An you KNOW that under the current administration, the DOJ would gleefully press charges against someone who dared to use a firearm defensively if the excuse of Federal property were somehow involved.

I did find this from a concealed carry group. https://www.usacarry.com/carrying-conce ... st-office/ It was as close to answering the question that you and I have as I could come up with. On one level, it fascinates me that I can drive to Yellowstone and be perfectly legal carrying my Texas licensed firearm among hundreds of tourists watching Old Faithful but am a threat to humanity if I drive onto Postal property to use the drop off mail box. But I've stopped trying to make sense of what the Federal folks think that I should and shouldn't do. I also have given up hope that law abiding people will be acknowledged in Federal law.

WildRose wrote:

RicoTX wrote:Isn't this something we can now get changed with Trump and a Rep majority?

We may eventually but with all the fresh anti gun sentiment ginned up by the Parkland Shooting it's going to be a while if it happens at all.

One has to pick the time and place of the battles you fight whenever possible and it would be foolish to pick a time in which the political will isn't there to get it done.

It would take political will to get this changed because it requires legislative action. If that were going to be spent somewhere, it should be on something like National Reciprocity. I personally believe that would bring a lot of heat to bear in the "May issue" States and is well worth burning whatever political will is needed.

In the mean time, I'm still convinced that President Trump, through executive order to the Secretary of the Army, could accept the Corp of Engineer's loss in District court over legal concealed carry, applying it to all COE land, not just the land in the jurisdiction of that court. Such a change would be of significantly greater benefit than post office repeal.

Mirage wrote:I always cover the post office problem in the CHL classes I teach.
Is it a Federal Property? Are there Federal Employees? Can you carry or not?
I usually boil it to down to: I don't want to be the "test case" to find out for sure.
Just like the restaurants having 51% signs AND the blue unlicensed sign,
I know they can't have both, but I leave my gun locked in my Truck when I go inside
just to be sure I am not breaking the law.

To stretch this just a little further, it was my understanding that the parking lot of a Post Office is also Federal property and that you may be in violation of the the Federal requirements if you drive onto it from the street. If this is accurate, just stopping by the drop box is a problem.

For me, the solution is pretty easy. There is a dry cleaner near my house that has a postal window inside their store. There is no way that the parking lot or building is Federal property. It turns out that the dry cleaner can do everything that the Post Office can for me except give me held mail. I haven't been in a real Post Office in a couple of years. Additionally, the staff at the dry cleaner is exceptionally friendly and easy to do business with.