Post Office carry

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Nachos Libres
Junior Member
Posts: 36
Joined: Thu May 29, 2008 9:03 pm
Location: Tyler, Texas

Re: Post Office carry

Post by Nachos Libres »

^^ Good to know.

So FBP officers have arrest powers outside prison? If so, I didn't know that. I don't think I'll be visiting a prison anytime soon but if I do I will remember it is ok to have my gun concealed in my car while in the parking lot.
Springfield Armory XD-40SC
KBCraig
Banned
Posts: 5251
Joined: Fri May 06, 2005 3:32 am
Location: Texarkana

Re: Post Office carry

Post by KBCraig »

Nachos Libres wrote:So FBP officers have arrest powers outside prison?
Not just officers. All employees have the same authority, whether they're secretaries, nurses, teachers, mechanical foremen, etc.

18 USC 3050

Bureau of Prisons employees' powers

An officer or employee of the Bureau of Prisons may -

(1) make arrests on or off of Bureau of Prisons property
without warrant for violations of the following provisions
regardless of where the violation may occur: sections 111
(assaulting officers), 751 (escape), and 752 (assisting escape)
of title 18, United States Code, and section 1826(c) (escape) of
title 28, United States Code;

(2) make arrests on Bureau of Prisons premises or reservation
land of a penal, detention, or correctional facility without
warrant for violations occurring thereon of the following
provisions: sections 661 (theft), 1361 (depredation of property),
1363 (destruction of property), 1791 (contraband), 1792 (mutiny
and riot), and 1793 (trespass) of title 18, United States Code;
and

(3) arrest without warrant for any other offense described in
title 18 or 21 of the United States Code, if committed on the
premises or reservation of a penal or correctional facility of
the Bureau of Prisons if necessary to safeguard security, good
order, or government property;
if such officer or employee has reasonable grounds to believe that
the arrested person is guilty of such offense, and if there is
likelihood of such person's escaping before an arrest warrant can
be obtained. If the arrested person is a fugitive from custody,
such prisoner shall be returned to custody. Officers and employees
of the said Bureau of Prisons may carry firearms under such rules
and regulations as the Attorney General may prescribe.


I don't think I'll be visiting a prison anytime soon but if I do I will remember it is ok to have my gun concealed in my car while in the parking lot.
It's legal, but it's not "ok". If discovered, you will be forced to leave. You also have the right to decline a search, which will result in being denied admission. But just so you know, vehicle searches are not standard.

Our LEO status is also why we can't require any non-inmate to be searched, except as a condition of admission. It's a 4th amendment issue; without PC or a warrant, no search.
User avatar
Photoman
Senior Member
Posts: 557
Joined: Tue Nov 22, 2005 8:21 pm

Re: Post Office carry

Post by Photoman »

If your local Postmaster discovers you are carrying a gun or have one in your car, they can have you arrested. Is it a good bust? Nobody knows as it's never happened. Everyone just has to decide if they want to be the first or not...
PBratton
Senior Member
Posts: 1487
Joined: Mon Feb 16, 2009 7:47 pm
Location: Sugar Land, Texas

Re: Post Office carry

Post by PBratton »

Photoman wrote:If your local Postmaster discovers you are carrying a gun or have one in your car, they can have you arrested. Is it a good bust? Nobody knows as it's never happened. Everyone just has to decide if they want to be the first or not...

I read all these and have to laugh at the irony of our daily lives...

I'm an FFL, and I will routinely go to the Post Office to receive firearms from the nice person across the counter. So, the Postmaster has a very good idea of what's in that long box that has my FFL name all over it, why don't I get arrested as soon as I receive it?

Again, I chuckle to myself evertime I go into a federal building and walk out with a firearm...
http://www.GeeksFirearms.com NFA dealer.
$25 Transfers in the Sugar Land, Richmond/Rosenburg areas, every 25th transfer I process is free

Active Military, Veterans, Law Enforcement, Fire, EMS receive $15 transfers.

NRA Patron Member, NRA Certified Pistol Instructor, NRA Certified CRSO, Tx LTC Instructor
User avatar
Photoman
Senior Member
Posts: 557
Joined: Tue Nov 22, 2005 8:21 pm

Re: Post Office carry

Post by Photoman »

Long guns are exempt. I'm assuming that FFL to FFL handgun packages fall under the "official purposes" clause. It's funny until someone gets thrown into the pokey.
Post Reply

Return to “General Texas CHL Discussion”