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Post office

Posted: Tue Dec 28, 2004 1:48 pm
by one eyed fatman
How many of you carry in the post office and is it legal to carry in a Texas post office?

Posted: Tue Dec 28, 2004 3:22 pm
by GlockenHammer
The post office thinks it is illegal to carry there. Note that post offices are "federal facilities".

Theoreticians argue that a loophole exists in the USC that allows "any lawful purpose" as an exception and claim that CHL is a lawful puprose. However, most recommend against becoming the test case.

Posted: Tue Dec 28, 2004 4:08 pm
by one eyed fatman
Are all federal facilities off limits. Are they required to post 30.06 signs?

Posted: Tue Dec 28, 2004 5:05 pm
by GlockenHammer
one eyed fatman wrote:Are all federal facilities off limits. Are they required to post 30.06 signs?
Yes, all Federal Facilities are off limits and no, they don't have to post 30.06 signs. The Feds are not subject to State laws.

The federal law (don't have reference with me right now) does require notice to be given, but it can be any kind of no gun sign. I've even seen some notices posted well inside of the facility such that you'd have to have already violated the law to receive the notice. Look around next time you're there.

One saving grace is that the Federal law is nice enough to define "federal facility" in this statute as "a building or any part thereof where...." So you shouldn't have to worry about parking lots.

If only the "postal" employees would be nice enough to follow this law when they go psycho, it wouldn't be a problem. :(

Posted: Tue Dec 28, 2004 5:20 pm
by one eyed fatman
I was just in the post office today and did look all over everywhere. No sign. The local cops here are CHL friendly. Think I will give them a call or stop off and talk to them. Thanks for the info.

Posted: Tue Dec 28, 2004 6:29 pm
by mec
"The post office thinks it is illegal to carry there. Note that post offices are "federal facilities".

Theoreticians argue that a loophole exists in the USC that allows "any lawful purpose" as an exception and claim that CHL is a lawful puprose. However, most recommend against becoming the test case."

VERY GOOD.

One area post master said that he belives the signs are more aimed at postal employees than the public. He went on to say that the US Marshall would have to catch you to make it a problem. At that time, the two local US Marshalls were completely pro chl.

The state doens't address the matter but the signs, when present, say that it is a big crime to have weapons on the post office property including cars in the parking lot. Some other states do address federal facilities making them off limits. A lot of people say these signs are deceptive because of the" Lawful purposes" clause as mentioned above. Bank guards sometimes carry money from the bank to the local post office. One told me that his gun is technically illegal but nobody pays any attention.

Posted: Tue Dec 28, 2004 9:35 pm
by Double Naught Spy
one eyed fatman, I think you are missing a couple of critical points to your reasoning, although it is reasoning we would all like to believe is true. Just because the local cops are CHL friendly does not mean that they are willing to let you break federal law, assuming they know the nuances of the federal law. There is the rub. They won't necessarily know the nuances of the law. Most cops are not legal experts. They tend to have a general knowledge about a lot of the law, and specifics about areas of interest to their particular areas (drug cops tend to know all the drug laws, but may not be up to speed on the subtleties of traffic law and vice versa).

Cops have a tough job and a lot of ground to cover beyond knowing aspects of the law. They do the best they can, but don't expect to get some sort of definitive answer from a local cop on something that is not their area of jurisdiction or specialty. They are not the ones to ask for this sort of clarification.

Posted: Tue Dec 28, 2004 10:31 pm
by one eyed fatman
Double Naught Spy wrote:one eyed fatman, I think you are missing a couple of critical points to your reasoning, although it is reasoning we would all like to believe is true. Just because the local cops are CHL friendly does not mean that they are willing to let you break federal law, assuming they know the nuances of the federal law. There is the rub. They won't necessarily know the nuances of the law. Most cops are not legal experts. They tend to have a general knowledge about a lot of the law, and specifics about areas of interest to their particular areas (drug cops tend to know all the drug laws, but may not be up to speed on the subtleties of traffic law and vice versa).

Cops have a tough job and a lot of ground to cover beyond knowing aspects of the law. They do the best they can, but don't expect to get some sort of definitive answer from a local cop on something that is not their area of jurisdiction or specialty. They are not the ones to ask for this sort of clarification.
Your right about the cops. It's lawyers that make up all these vague laws and they make them vague for a reason. So they can make money explaining these vague laws. They are so vague when they make the law they have to go to court to explain how vague the law is. So now we must clarify that vague law in court. But in order to clarify the law in court we must proceed in a vague way. And of course the lawyer that best vaguely clarifies the law in court wins. Now, have I made myself vaguely clear about the law? :wink:

Posted: Tue Dec 28, 2004 11:01 pm
by Greybeard
I kinda go with the theory "If it's gray, stay away." Very rare need for me to have need to go in a post office - particulary when there are so many independent "Mail & More" type places.

Posted: Tue Dec 28, 2004 11:24 pm
by one eyed fatman
Mail & More... I don't know what that is but I think I want one.

Posted: Tue Dec 28, 2004 11:36 pm
by CaptDave
I'm pretty sure he's refering to the "Mailbox etc." and "UPS Store" type of "pack and ship" places.

Posted: Wed Dec 29, 2004 7:00 am
by one eyed fatman
That's a tough business. I have never seen one survive.

Posted: Wed Dec 29, 2004 7:21 am
by Lindy
Well, there's one close to me in League City which has been in business for several years, and shows no sign of going away.

And I found out where they are making their money - their shipping rates are significantly higher than going direct to UPS, which my sweetie, who is a landscape painter and frequent shipper, found out when she had to ship a big painting. The main Houston UPS depot is also in League City, moved over from Ellington, and now gets all of her business.

Posted: Wed Dec 29, 2004 3:45 pm
by dutchman
My local postoffice lady carries, as does her husband. She says to keep the piece where it can't be seen and there will be no problem. Of course it is a small postoffice, way out in the country.
dutchman

Posted: Wed Dec 29, 2004 10:01 pm
by 1Shot
A Texas CHL does not apply to any Federal property. The statement about "any building or part thereof" is correct and does include any parking lot or sidewalk that is Federal property. This not only applies to the Post Office but Social Security office, VA hospital, military base etc.

Federal property falls under one of three different kinds of jurisdiction and I can only think of two of them right now but they are proprietary and concurrent but it does not matter what type they have, all federal laws apply as well as some state laws depending on the type of jurisdiction.

I wish I knew where to look up the exact law but it is in 18 USC.