This is a discussion on Leave my gun where??? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by SFury If you are a CC permit holder in Wisconsin, the USPS parking lot ban holds no water. We are guaranteed the ...
An armed society is a polite society. Manners are good when one may have to back up his acts with his life. - Robert A. Heinlein
Interesting to note that even carrying your swiss army knife in your pocket is illegal if you are in the post office. Blades must be less than 2-1/2 inches.
There's something happening here
What it is ain't exactly clear
There's a man with a gun over there
Telling me I got to beware
What is the law on this subject if the post office is closed and I'm just checking my P.O. Box with not a soul in the place? Can I carry or is it still a federal building is a federal building?
I deleted several posts referencing illegal actions; Please use the gray matter between your ears, both here on DC and on the street. God gave it to you for a reason.
"Just blame Sixto"
Even the title says regulation. The article also deals with FFL licensees.These are STATUTES - Not Regulations. Big difference. Here is some more information: http://www.atf.gov/publications/down...f-p-5300-4.pdf
This is where we almost need a lawyer versed on the specific topic.
I am aware of pre-emption, and what it is. The only reference I can find to banning firearms on USPS property comes from a regulation that the USPS has.
It appears that if any governmental agency makes a regulation, it has to adhere to the nature of that organization. Basically, the FDA can't regulate anything to do with immigration. The BATFE can't pass regulations on emissions and so on, and so forth.
The question here is, does a state law pre-empt a regulation that has no bearing on the duties given to an organization?
Oh, and the Colorado couple has no real bearing on the argument. They are taking the battle to the federal level, whereas I'm arguing about a states right to govern itself as the founders intended. Well, contemplating at any rate.
This is the LAW - the STATUTES, THE US CODE: 18 U.S.C. § 930 : US Code - Section 930: Possession of firearms and dangerous weapons in Federal facilities These are NOT regulations.
The LAW, at 18 U.S.C. Sec. 930 Prohibits guns on federal property as defined therein INCLUDING USPS property which is federal property. This is not hard, and this is a LAW - A STATUTE - NOT a regulation.
I also said:
Since an "Agency" did not write the prohibition as part of their regulatory promulgations, because the prohibition is a LAW, your logic regarding preemption fails.
It is a matter for the Supreme Court IFF they determine it is a Constitutional matter and they grant certiorari. Same as you. Go to the USPS, and see if you get to pass go on the way to the Supreme Court.Oh, and the Colorado couple has no real bearing on the argument. They are taking the battle to the federal level, whereas I'm arguing about a states right to govern itself as the founders intended. Well, contemplating at any rate.
You carry a weapon into a USPS you'll end up in the federal Courts faster than you can say USPS, and the state courts can't do a darn thing about it. Sorry. Fail. The US Attorneys don't give a darn what some yucky yucky state says about doodle or squat. You break US CODE and you play with the big boys.
The few time's I've gone into a PO (once, maybe twice), I've left the pistol in the glovebox of my car. I left the car parked on the street.
There's quite a business for these places, these are just two that I've dealt with personally. The nice thing about them, you can get your mailbox without having a PO Box address... so you can get your shipments from UPS, FedEx, etc, people don't have to have your real physical address. And they all let you send and receive USPS mail.
There are also lots of those little blue mailboxes on the street if you don't want to do that.
Sixto, thanks for saving the thread lol.
Sorry some of you guys are taking the post office thing so literal. I just meant what do you usually do when you can't or don't want to bring your weapon into anywhere for any reason. For me, I don't see any difference in a locked glove box vs a lock box under my seat. Both have the same probability of getting opened. I guess it's a force of habit being a Marine and coming on base I just lock my gun in the glovebox and toss the mag behind the back set into the trunk and I'm legal on base. So off base I do the same.
On the other hand, I also live in a state with very few restrictions on where one can carry... so the 'federal property' issue is about the only time it would come up. I don't know how things are in VA, maybe you have a lot longer list of places you can't carry than I do.
Last edited by livewire; December 5th, 2011 at 11:45 AM. Reason: typeo changed the meaning of my post...