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Post Office Gun Ban "Under Fire"

Discussion in 'Carry Issues' started by 4runner freak, Nov 28, 2011.

  1. 4runner freak

    4runner freak

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    Dec 5, 2008
    I saw the Denver Post today that a lawsuit (Filed Nov, 2010, IIRC)on the PO Ban is moving forward.
    http://www.denverpost.com/news/ci_19423472

    The law:
    http://codes.lp.findlaw.com/uscode/18/I/44/930

    I hope that this is decided for our benefit, soon.

    I'm not wanting to get into an argument about the right/wrong of the law or if it applies to us at all(i.e. "other lawful purposes"), just saw it and thought I'd share what is happening in my, mostly free, state.
     
    Last edited: Nov 28, 2011
  2. Doc8404

    Doc8404 Master Chief

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    Jan 2, 2011
    central NY
    good. i recently read a case where an employee (and it would apply to all of us just mailing a letter) was charged for keeping a pistol in his car on USPS property...that's BS.
     

  3. 4runner freak

    4runner freak

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    Dec 5, 2008
    I read that as well, but that was in an "Employee only" parking lot and is not a public access place. That is the argument for why that lawsuit has no standing on this one.

    Lots of companies ban weapons for their employees, but they can't restrict customers from discrete carrying(at least in CO).
    Obviously, any company can refuse service and ask you to leave(refusal is trespassing), but that is another reason to discrete carry.
     
  4. Doc8404

    Doc8404 Master Chief

    753
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    Jan 2, 2011
    central NY
    yes but i thought Fed law prevents us from carrying in a PO?
     
  5. xmanhockey7

    xmanhockey7

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    Michigan
    It does. It also prohibits the gun being in your car in the parking lot.
     
  6. HerrGlock

    HerrGlock Scouts Out CLM

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    Dec 28, 2000
    It actually doesn't.

    18 US Code 930 doesn't apply to a Post Office in any case.

    The only line about it is in the CFR's:

    39 CFR 232.1:
    Now the question is the definition of "official purposes"
    In the case of the lawsuit the OP posted it's a matter of is the PO infringing on the 2d amendment. That's another question and this case might be the one to answer that.

    The PO employee carrying in an employee only parking lot has no bearing on general population CCW people.

    There is a Supreme Court case where a conviction of carrying in a federal facility was thrown out because the gun was in the parking lot and not in any building. I'm waiting for someone to get busted for federal facility and the courts realize the P.O. is not a federal facility. That'll be funny to watch.
     
  7. HerrGlock

    HerrGlock Scouts Out CLM

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    Dec 28, 2000
    Would you mind showing me how it does that? What specific code prohibits it?

    Thanks
     
  8. Doc8404

    Doc8404 Master Chief

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    Jan 2, 2011
    central NY
    I have a friend that goes in the PO all the time, concealed well, to mail letters and such....better than leaving in the car.
     
  9. HerrGlock

    HerrGlock Scouts Out CLM

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    To me that's an official purpose to go into a Post Office. BUT someone's going to have to be the test case, guinea pig, and get busted doing it to argue this point.

    There are too many people who believe it's black and white illegal to carry in a Post Office. In some states it is. Federally it's not near so cut and dried.
     
  10. usmc4641

    usmc4641 NRA member

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    Apr 4, 2007
    Connecticut
    If it's legal to mail a longarm...
     
  11. HerrGlock

    HerrGlock Scouts Out CLM

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    Dec 28, 2000
    Hello?
     
  12. If any place bans you from having a gun, they should have their own armed security, metal detectors, and provide you with a place to store your gun.

    Otherwise, the bad guys are already carrying their guns there, and so should we be legally allowed to :)
     
    Last edited: Dec 1, 2011
  13. Doc8404

    Doc8404 Master Chief

    753
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    Jan 2, 2011
    central NY
    as far as it being part of the federal "code" I don't think they can prosecute you for a criminal offense....but then again, here in NY, i'm sure the judge can just pull your permit...because they can pretty much do that any time they want!
     
  14. TangoFoxtrot

    TangoFoxtrot OIF 04-05

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    Sep 10, 2008
    Nowhereville, USA
    I agree definitely BS!!!!:steamed:
     
  15. zbusdriver

    zbusdriver

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    se michigan
    I could not agree more!
     

  16. I agree with your post.
     
  17. I agree with your friend and I have never been searched in a post office for the few minutes I have been there picking up my mail.
     
  18. Rick O'Shay

    Rick O'Shay

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    SC
    The post offices I visit have removed the sign from the entrance that banned conceal weapons inside. ??

    I have never seen ANYONE being searched in a post office. :) Sounds like FUN!
     
  19. That's a good point. I'll have to remember that next time someone asks why I'm so concerned about concealment.
     
  20. billkny

    billkny

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    Jan 31, 2010
    KCMO Area
    A local attorney who has done much good work getting the MO CCW law written and passed has this to say about test cases:

    "Anyone seeking to make a test case needs to get a 55-gallon drum. Stuff this drum with hundred dollar bills; cram them in as tightly as possible. Wheel the drum into my office, and then we can talk about it. Of course, flunking a test case means going to prison." Kevin Jamison