Never knew this existed until Fox News called last night

[MaineCWPtraining]

ACADIA ADDRESS

Pouring rain~

 

[scottmac019]

They going to do a story on/with you?

 

[smokey-seven]

There was a thread here somewhere about carrying in a Post Office and there was a conflict in the federal laws where one said you could carry and another said you could not. This Utube guy said you can't even carry in a PO parking lot.

Which is correct?

 

[MaineCWPtraining]

No carry on postal premises.

Weapons and Explosives
No person while on postal property may carry firearms, other dangerous or deadly
weapons, or explosives, either openly or concealed, or store the same on postal property,
except for official purposes.

SOURCE

~ Two hour interview so I should hear something soon.

 

[Rob Boudrie]

Not this again. Some attorney's disagree with you.

The law banning carry is 18 USC 930, however, the copy of that law displayed in post offices conveniently leaves out subsection "d".

(d) Subsection (a) shall not apply to-
(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;

(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or

(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

So, properly frame, the argument relative to this law becomes:

(a) Is licensed civilian concealed carry for defensive purposes a lawful activity?

(b) Is an errand at the post office an activity incidental to this activity?

It is possible the courts might hold that "incidental" means something like walking across the corner of postal land while hunting, and does not apply to concealed carry since it is something that will not unknowingly happen. The only case I found on postal carry was one in which the defendant was convicted, but he never raised the issue of "incidental to lawful purposes".


What you quote is from the federal regulation, 39CFR232.1, and provides a penalty far less severe (max $50/30 days, no felony conviction). Also, there is an argument that the regulations cannot be in conflict with law that superceeds, however, I am not aware of that being tested in court.

When I teach the licensing class in MA, I tell students "The issue of postal carry is open to debate, and some attorneys believe it legal. That being said, the post office's position appears to be that it is not, and you can expect any postal or LE employee you encounter to be unaware of, and uninterested in, arguments regarding subsection "d". While I cannot give legal advice, I can tell you that I do not carry into any post office."

 

[Horrible]

This

"From a pool of more than 800 incidents, the researchers selected 40, involving 43 offenders...Predominately handguns were used in the assaults on officers and all but one were obtained illegally, usually in street transactions or in thefts. In contrast to media myth, none of the firearms in the study was obtained from gun shows."

I am sure that eliminating the "gun-show loophole" and limiting law-abiding citizens to one gun a month would have stopped ALL these crimes.

 

[HooVooLoo]

And Rob, don't forget this juicy bit at the bottom of that paragraph of the code.

18 U.S.C. § 930 : US Code - Section 930: Possession of firearms and dangerous weapons in Federal facilities...

(h) Notice of the provisions of subsections (a) and (b) shall be
posted conspicuously at each public entrance to each Federal
facility, and notice of subsection (e) shall be posted
conspicuously at each public entrance to each Federal court
facility, and no person shall be convicted of an offense under
subsection (a) or (e) with respect to a Federal facility if such
notice is not so posted at such facility, unless such person had
actual notice of subsection (a) or (e), as the case may be.

I've been to many post office branches where that notice is either not posted conspicuously, or posted at all.

Get-out-of-jail-free card.

 

[FreeWillie]

"the right of the people to keep and bear Arms, shall not be infringed."

What is ambiguous about that? That's about as straight forward as it comes.