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Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 8:16 am
by baldeagle
chasfm11 wrote:nightmare69 wrote:So does this make it legal to keep my gun in my car while in the parking lot?
That is the way that I read it but I'm not a lawyer. Plus, I'm not sure that all of the Federal types get all of the memos.
I'm very happy with my dry cleaner store front with a postal counter. This ruling isn't going to entice me back to the full blown USPS buildings.
Keep in mind this is the ruling of one federal judge. So it only applies in that jurisdiction. To apply to you, a judge in your jurisdiction or an appeals court in your jurisdiction has to rule the same way. For it to apply nationally, the Supreme Court must rule the same way.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 8:34 am
by RogueUSMC
glock27 wrote:...as everyone would be equally unarmed. .02
SHOULD...and therein lies the rub...
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 10:03 am
by RoyGBiv
Stopped going to the local PO the same day the local ACE Hardware opened a Postal counter. Now I can mail stuff and avoid Home Depot in one stop.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 10:14 am
by chasfm11
baldeagle wrote:chasfm11 wrote:nightmare69 wrote:So does this make it legal to keep my gun in my car while in the parking lot?
That is the way that I read it but I'm not a lawyer. Plus, I'm not sure that all of the Federal types get all of the memos.
I'm very happy with my dry cleaner store front with a postal counter. This ruling isn't going to entice me back to the full blown USPS buildings.
Keep in mind this is the ruling of one federal judge. So it only applies in that jurisdiction. To apply to you, a judge in your jurisdiction or an appeals court in your jurisdiction has to rule the same way. For it to apply nationally, the Supreme Court must rule the same way.
Understood. That is why I said that I didn't want to be a test case. Just because one District Judge said it, doesn't mean that MY District judge would agree. The best that I could hope for would be a expensive attempt to get the charges dismissed based on the other District's ruling pre-trial. Everything else would get worse and more expensive....over buying stamps. No, sorry, not me.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 10:28 am
by gthaustex
Unfortunately, still too much gray area to make any determinations overall. As said before though, it is a small step in the right direction.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 11:38 am
by VMI77
anygunanywhere wrote:Barely a step.
Still too much infringement.
Where is that reboot switch?
Anygunanyhwere
Sanford, Florida?
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 11:41 am
by VMI77
glock27 wrote:I've never grasped why some folks will park across the street and walk to a post office to avoid this. How on earth would the post office know there is a gun in your car in the first place? Are they doing random searches on citizens vehicles? And some of the reaponsea to those who do this could be well if there was a scenario that took place that allowed the police to intervein they could search vehicles. And you may get busted but possibly killed if the scenario is someone going postal. So I know I'm not alone here but I carry everywhere there are no metal detectors. The only place I havnt is the courthouse and a rangers game. In which everyone is wanded down and if anything doea turn south it will head south with a bare knuckle fist fight vs shooting as everyone would be equally unarmed. .02
Out of extra caution. For instance, say a cop happens to be passing by and thinks you committed a traffic infraction as you pull out of the lot. You get stopped, show your CHL, and he decides to arrest you or turn you over to a postal inspector.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 11:50 am
by Pecos
VMI77 -- You have a point there!
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 7:43 pm
by sunny beach
VMI77 wrote:anygunanywhere wrote:Barely a step.
Still too much infringement.
Where is that reboot switch?
Anygunanyhwere
Sanford, Florida?
This is my reboot switch, Sir.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Thu Jul 11, 2013 8:02 pm
by jmorris
The Annoyed Man wrote:Dirthawking wrote:nightmare69 wrote:So does this make it legal to keep my gun in my car while in the parking lot?
And here I thought it already was legal to...
Prior to this decision, not if it is on federal property.
However, look for Eric Holder's JD to vigorously appeal this case. They don't want privately owned guns anywhere
near a government owned property because they fear how badly they have angered people.
Federal law defines premise same as Texas so it's only illegal in post office parking lots.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Fri Jul 12, 2013 6:42 am
by nightmare69
jmorris wrote:
Federal law defines premise same as Texas so it's only illegal in post office parking lots.
You sure? Parking lots are not part of the premises.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Fri Jul 12, 2013 9:00 am
by johncanfield
The Annoyed Man wrote:..However, look for Eric Holder's JD to vigorously appeal this case. They don't want privately owned guns anywhere near a government owned property because they fear how badly they have angered people.
They would be
exactly correct.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Fri Jul 12, 2013 9:34 am
by flechero
glock27 wrote:I've never grasped why some folks will park across the street and walk to a post office to avoid this.
It's quite simple really- it's the law. I don't like it but by ignoring it, I would be no better than the common criminals that we always claim to be better than.
Re: Post Office Ban in Parking Lots Unconstitutional
Posted: Fri Jul 12, 2013 12:52 pm
by sugar land dave
baldeagle wrote:chasfm11 wrote:nightmare69 wrote:So does this make it legal to keep my gun in my car while in the parking lot?
That is the way that I read it but I'm not a lawyer. Plus, I'm not sure that all of the Federal types get all of the memos.
I'm very happy with my dry cleaner store front with a postal counter. This ruling isn't going to entice me back to the full blown USPS buildings.
Keep in mind this is the ruling of one federal judge. So it only applies in that jurisdiction. To apply to you, a judge in your jurisdiction or an appeals court in your jurisdiction has to rule the same way. For it to apply nationally, the Supreme Court must rule the same way.
Well guess I will continue to stop by the house before going to the post office.