Guns in parking lots - Now OK at the local Post Office?

[Machman]

http://www.denverpost.com/breakingnews/ci_23634504/federal-judge-post-office-violated-mans-rights-by#ixzz2YgUC9FoS

 

In a nutshell:  Parking lot OK, building not so much..

 

 

[enfield]

Already posted.

[RobertNashville]

What's a "post office"???

[battleop]

Oops..  I've always known I couldn't carry in the Post Office but never knew I could not leave it locked in the car.  Then again I think I've been to the Post Office 2 times in the last 5 years.

[K191145]

That is good to know, I have a P.O. Box and a box at my driveway. Most everything goes to the PO box to prevent punks from stealing mail which does happen, the box at the end of my driveway is because anything addressed to my street address used to be sent back by the PO even though they knew who it went to.

[Oh Shoot]

To keep this in perspective, worst case scenario for being caught with a heater on postal property is $50 and/or 30 days in jail, and is of course not a felony, unlike the Possession in Federal Facilities statute.

 

- OS

[Guest bluecanary25]

? It WAS illegal to have it in the parking lot??  Glad it's changed.

[monkeylizard]

So how does this work? The USC still has the parking lots as off limits of course. Does this court ruling automatically override that, effective immediately?

[Oh Shoot]

? It WAS illegal to have it in the parking lot??  Glad it's changed.

 

The PO law remains the same under 39 CFR 232.1. This is a legal precedent which will either lie there or work it's way up. Unless Congress decides to change it, AFAIK, federal code can only be changed in the court system by SCOTUS, either by direct ruling or letting the last court's decision prevail.

 

Willing to have a lawyer on here clarify if I'm right, of course.

 

- OS

Edited July 12, 2013 by Oh Shoot

[monkeylizard]

So if it doesn't work its way up to SCOTUS (or Congress acts), one could still be charged under 39 CFR 232.1 in a parking lot, but when challenged in court, you could use the precedent as part of your defense?

[Oh Shoot]

So if it doesn't work its way up to SCOTUS (or Congress acts), one could still be charged under 39 CFR 232.1 in a parking lot, but when challenged in court, you could use the precedent as part of your defense?

 

That's my understanding of how stuff like that works.

 

Like, even if a single case precedent in TN determines that a statutorily non-compliant sign means you aren't guilty of carrying past it, until the statute itself is changed, can still be charged under it.

 

Btw, the carry-in-federal-buildings USC contains such a provision.

 

- OS

Edited July 12, 2013 by Oh Shoot

[K191145]

? It WAS illegal to have it in the parking lot??  Glad it's changed.

Even so it's up to the locals to arrest you, I doubt if there's very many federal LEOs hanging out at all the POs. I don't know of any locals who have a personal vendetta against me so i'm not worried about it, I never carry it inside the actual building. If I go to the VA doctor I definatly leave it at home though.

[Spiffy]

I wanna know what people do that draws attention to their weapon in a locked car? I can see if you work there and stuff but just dropping off a package or getting stamps it would be better to use a form of Don't Ask/Don't Tell. Kinda like the idiots who write the ATF to see if their barely legal gun is legal.

[wjh2657]

I long ago started the practice of putting revolver in COM safe in the trunk.

Go straight to Post Office.

Leave Post Office, drive to across street to Big Lots. Open trunk, retrieve revolver.

Put my revolver in pocket and go on my way for the rest of the day, armed.

 

Takes no more time than putting groceries in trunk and avoids all of the problems.

 

Without seeing me put the gun in trunk (done at home) and not violating law at Big Lots parking lot there is no due cause to search my trunk at Post Office. Just common sense.

[Guest 270win]

I think it is debatable if it is illegal or legal to carry at the post office.  At most you can get fined 50 bucks possibly.  I think it is even debatable if it is legal or illegal to carry in a federal building if you have a lawful pistol license.

[Bill4282]

A HCP is a State granted priviledge not Federal. Still illegal to carry on Federal property, including not not limited to, buildings and parking lots. The recent parking lot law specifically exempts Federal property from the law.

[Oh Shoot]

I think it is debatable if it is illegal or legal to carry at the post office.  At most you can get fined 50 bucks possibly.

 

And 30 days.

 

- OS

[Grunt67]

Even so it's up to the locals to arrest you, I doubt if there's very many federal LEOs hanging out at all the POs. I don't know of any locals who have a personal vendetta against me so i'm not worried about it, I never carry it inside the actual building. If I go to the VA doctor I definatly leave it at home though.

 

As to the VA, I do the same, leave it at home. VA @ the 'boro has it signed at the entrance to the property. Just wondering why this would apply to the PO parking lot & not the VA. Same Gov.