Post Office Law Suit to Repeal Carry Rule

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Re: Post Office Law Suit to Repeal Carry Rule

Postby carlson1 » Fri Jul 03, 2015 3:24 pm

The Wall wrote:
MeMelYup wrote:
bigity wrote:Well, guess I have another reason to just use another shipping company when I have to ship items. You'd figure the USPS would be begging people to come in and spend money, guns or no.

USPS and FEDEX are gun free zones with the posting of 30.06 signs at most locations.

Funny Fedex would be a gun free zone when that's where I take my guns when I want to ship them out for repairs. It was about three years ago the last time I shipped a gun and don't remember any signs. Maybe it's changed since then.


FedEx here in DFW has the largest 30.06 sign that there is. I bet is at leas 4'X4' right at the front door.
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Re: Post Office Law Suit to Repeal Carry Rule

Postby Charles L. Cotton » Fri Jul 03, 2015 4:47 pm

ScottDLS wrote:
Charles L. Cotton wrote:
ScottDLS wrote:
Charles L. Cotton wrote:Although I wish the lawsuit had been a success, I hope the 10th Circuit's decision puts to rest the erroneous claim that 18 U.S.C 930 makes it legal for a CHL to carry a handgun in a post office (or anywhere on PO property). That has never been the case and my fear was that someone would believe the claim and be convicted as a result.

Chas.


18 USC 930 is the controlling law for the buildings, but not the PROPERTY. The law for PROPERTY is buried in the CFR (I looked it up before once) and is the same law for illegally posting handbills on a PO property. Key point is that max penalty is a $50 fine and possible 30 days. As a practical matter leaving in the car is not a high risk. Certainly not as high as driving through a GFSZ when out of state (felony).


Correct. The problem is that Texas, for CHL eligibility purposes, will consider it a Class B misdemeanor since jail time is a possible penalty. This will cost a CHL their license for 5 to 7 years.

Chas.



I wonder if, in order to get a conviction under the controlling statute for the CFR, there would have to be notice requirements. There ARE explicitly in 18 USC 930, as there should be, since it's a felony. As a practical matter it is low on my list of concerns, since I've yet to hear of marauding AUSA's prosecuting $50 tickets.

Driving through GFSZA zones w/o a CHL, or outside of Texas, or by off duty out of state LEO, is much more concerning.


The statutorily-required signs must be on buildings ("facilities") and I'm pretty sure on property outside buildings. I represented a NASA engineer who had a handgun in his car in the parking lot and they wanted to go after him, but that pesky sign requirement was a problem. :thumbs2:

Chas.
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Re: Post Office Law Suit to Repeal Carry Rule

Postby John Galt » Sun Sep 20, 2015 6:50 pm

The part that is a real irritant to me, is the parking lot.


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Re: Post Office Law Suit to Repeal Carry Rule

Postby Ron7624 » Mon Jan 18, 2016 2:51 pm

I would love to be able to at least leave my gun in the car at the Post Office. I have to go there 2 / 3 times a week to ship packages for my wife's sideline business. I can't plan an errand run because I have to disarm at home to go to the Post Office. Ghrumph. I've got to go back home, re-arm and continue on with my errands.
I will not leave it in the car and jeopardize my ability to protect my family for the foreseeable future.


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Re: Post Office Law Suit to Repeal Carry Rule

Postby Bayoutalker » Fri Apr 15, 2016 7:52 pm

USPS has been advertising to use the online services and they will come and pick it up. Make them come to you!
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Re: Post Office Law Suit to Repeal Carry Rule

Postby KLB » Fri Apr 29, 2016 9:45 pm

Ron7624 wrote:I would love to be able to at least leave my gun in the car at the Post Office.

It depends on the post office and the surrounding area, of course, but I find I can usually park on the street or on neighboring property and walk over to the post office. The short walk certainly does me no harm, and my car is not on federal property.


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Re: Post Office Law Suit to Repeal Carry Rule

Postby Tracker » Fri Apr 29, 2016 11:22 pm

KLB wrote:
Ron7624 wrote:I would love to be able to at least leave my gun in the car at the Post Office.

It depends on the post office and the surrounding area, of course, but I find I can usually park on the street or on neighboring property and walk over to the post office. The short walk certainly does me no harm, and my car is not on federal property.


I do this too. It seems to me, however, the Federal gov should have to have a compelling reason to ban guns in post office paking lots.

I live in town of less than 2000 population, very rural. I wonder how many people unwittingly commit a federal crime every day picking up their mail or just dropping a letter in the dive box.

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Re: Post Office Law Suit to Repeal Carry Rule

Postby Dadtodabone » Sat Apr 30, 2016 7:40 am

I probably average three felonies before lunch. :coolgleamA:
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Re: Post Office Law Suit to Repeal Carry Rule

Postby FastCarry » Tue May 10, 2016 9:39 pm

The FedEx in ft worth on mark iv either isn't posted or I've missed it many times. I have to go Thursday to pick up a gun back from repair, ill keep an eye out.

I went to post office once on my motorcycle with no storage, just a backpack with my laptop in it. I stood outside contemplating what to do. What a pain, a law abiding citizen who just wants to pick up some mail, in and out, no fuss no problem, but no - just had to go home.

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Re: Post Office Law Suit to Repeal Carry Rule

Postby RogueUSMC » Wed May 11, 2016 11:36 am

Bayoutalker wrote:USPS has been advertising to use the online services and they will come and pick it up. Make them come to you!

It has to be priority mail before you can request pick-up online though...most of my stuff is First Class...
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Re: Post Office Law Suit to Repeal Carry Rule

Postby FastCarry » Fri May 13, 2016 1:49 pm

Saw the sign at FedEx in ft worth.. It is in fact huge but they have it on a column thats easy to walk right past without looking at. Oops.

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Re: Post Office Law Suit to Repeal Carry Rule

Postby KLB » Tue May 17, 2016 10:04 am

Dadtodabone wrote:I probably average three felonies before lunch. :coolgleamA:

You seem to be slightly ahead of the norm, three felonies a day. There's a book by that title by Harvey Silvergate.


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Re: Post Office Law Suit to Repeal Carry Rule

Postby Kenneth77 » Tue May 17, 2016 11:52 am

John Galt wrote:The part that is a real irritant to me, is the parking lot.

SO you cant keep your gun in your personal vehicle ? I never go to the post office really but i know there is a ghost buster type sing on the inside i saw the one time i went there a while back but didnt see anything in the parking lot that stated such . Why is this an issue with the post office , how is that not covered under the domicile statue ? So what if someone pulls their motorhome in the parking lot that is their home ?
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Re: Post Office Law Suit to Repeal Carry Rule

Postby Beiruty » Tue May 17, 2016 12:24 pm

Kenneth77 wrote:
John Galt wrote:The part that is a real irritant to me, is the parking lot.

SO you cant keep your gun in your personal vehicle ? I never go to the post office really but i know there is a ghost buster type sing on the inside i saw the one time i went there a while back but didnt see anything in the parking lot that stated such . Why is this an issue with the post office , how is that not covered under the domicile statue ? So what if someone pulls their motorhome in the parking lot that is their home ?


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Re: Post Office Law Suit to Repeal Carry Rule

Postby RossA » Tue May 17, 2016 2:31 pm

I don't know that the Fourth Amendment would apply. The issue is the Supremacy Clause of the Constitution which states that federal law is the supreme law of the land. In other words, just because Texas recognizes your car as an extension of your home doesn't mean that federal law has to agree.
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