Question about concealed carry in a Post Office

This is a discussion on Question about concealed carry in a Post Office within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by David in FL What about 39 CFR? Thanks for the question. http://edocket.access.gpo.gov/cfr_20...39cfr232.1.pdf 39 CFR 232.1(p)(2) ...Nothing contained in these rules and regulations ...

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Thread: Question about concealed carry in a Post Office

  1. #16
    New Member Array sdsesquire's Avatar
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    Quote Originally Posted by David in FL View Post
    What about 39 CFR?
    Thanks for the question.

    http://edocket.access.gpo.gov/cfr_20...39cfr232.1.pdf

    39 CFR 232.1(p)(2) ...Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations of any State and local laws and regulations applicable to any area in which the property is situated.

    Regulations such as these are what would regulate carrying of firearms in post offices IF there were not already a law that regulated them. Since 18 USC 930 says we can carry legally, then 39 CFR 232.1 cannot take that away from us.

    If you want to go further into the law, 18 USC 930 specifies a felony for carrying in a federal facility (but not a post office), however, 39 CFR 232.1 would be considered a misdemeanor, only subject to a $50 fine and 30 days in jail.

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    Ret, you left out one of my favorites...






  6. #20
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by JD View Post

    Ok, on behalf of David in FL, I will reopen it so he may ask sdsesquire a question, but this thread won't be open long, so get it in quick.
    Thanks JD!

    sdsesquire,

    How do you address the fact that 39 USC 410 specifically exempts the post office from the provisions of 18 USC 930?

    Is there any case law to support your argument?

    There may be some contradictions in the Code (as there often is) but is it enough to hang your hat on......so to speak? Without supporting pecedent, it doesn't seem like it.

  7. #21
    Senior Member Array Slim_45's Avatar
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    I carry in the post office as there is NO law saying that i cant & also the state police said it is lawful to carry CCW in a post office ( i called a couple to double check my findings )
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  8. #22
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by retsupt99 View Post












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    Wink

    I read (or at least skim) 3 daily newspapers and watch a bit of TV news and don't ever remember reading about or hearing that any person has ever been tossed up against the wall and frisked while going into any U.S.P.O. to buy a book of Jimmy Stewart stamps.

    It's actually sort of amazing that there has not been any test case to date.

    BTW: My local Post Office is only posted No Dogs Allowed on the front door.
    Liberty Over Tyranny Μολὼν λαβέ

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    Ex Member Array Ram Rod's Avatar
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    They have Jimmy Stewart stamps at the PO---!? In the self adhesive!?

  11. #25
    New Member Array sdsesquire's Avatar
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    Quote Originally Posted by David in FL View Post
    Thanks JD!

    sdsesquire,

    How do you address the fact that 39 USC 410 specifically exempts the post office from the provisions of 18 USC 930?

    Is there any case law to support your argument?

    There may be some contradictions in the Code (as there often is) but is it enough to hang your hat on......so to speak? Without supporting pecedent, it doesn't seem like it.
    39 USC 410 does not restrict any of Title 18 from applying to the US PO. Specifically, look to (b)(2),

    (b) The following provisions shall apply to the Postal Service:

    (2)"all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States;"

  12. #26
    New Member Array sdsesquire's Avatar
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    There is case law about carrying in federal facilities. (US v. Murray) But, in all of my research, I can't find any cases of carrying in a PO. I've looked. If anyone knows of any that I might have overlooked, please send it my way.

    The only way it would be unlawful to carry in a PO, is if the state had a law against carrying there. But, then I would question whether the state had the authority to regulate federal facilities, and even then it might not be illegal.

  13. #27
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by sdsesquire View Post

    There is case law about carrying in federal facilities. (US v. Murray) But, in all of my research, I can't find any cases of carrying in a PO. I've looked. If anyone knows of any that I might have overlooked, please send it my way.

    And Murray was convicted, no?

    Sorry, I'm just not ready to risk my permit (and possible freedom) over a somewhat laborious, and not often held interpretation of the relationship between the two Titles. Don't misunderstand, I'll be there supporting you 100% when you get that test case......but it's not gonna be me in the defendant's chair over this one.

    I appreciate your responses though.

    OK JD, unfortunately nothing really new here. Thanks for the chance to ask the question!

  14. #28
    New Member Array sdsesquire's Avatar
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    Quote Originally Posted by David in FL View Post
    And Murray was convicted, no?
    Yes, because he open carried a black powder pistol into a federal facility that had a Court located in it! And, well, Court's are a no-no.

    I understand your worry though. I am just reporting on what the law says, not what you should or should not do.

    Stephen

  15. #29
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by sdsesquire View Post

    I am just reporting on what the law says, not what you should or should not do.
    Or rather, your interpretation of that particular law. An interpretation that differs from that of other attorneys.

    But of course, that's why there's two sides to every court room!

    Thanks again Stephen. Hope you'll hang around, it's always good to find an attorney who's not afraid to offer an opinion.....many aren't willing to do that on a forum such as this!

  16. #30
    New Member Array sdsesquire's Avatar
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    Quote Originally Posted by David in FL View Post
    Or rather, your interpretation of that particular law. An interpretation that differs from that of other attorneys.

    But of course, that's why there's two sides to every court room!

    Thanks again Stephen. Hope you'll hang around, it's always good to find an attorney who's not afraid to offer an opinion.....many aren't willing to do that on a forum such as this!
    I'll be around for sure. I'll have my lawclerk do some additional research to see if he can find anything.

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