Do you carry in a post office?
This is a discussion on Do you carry in a post office? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am hardly an expert, but from what I can gather, it is illegal to carry inside a post office. Traditionally, when going to a ...
View Poll Results: Do you carry in a post office during normal business hours?
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January 5th, 2008 03:05 AM
Do you carry in a post office?
I am hardly an expert, but from what I can gather, it is illegal to carry inside a post office. Traditionally, when going to a post office, you are in, do your business and out. Probably 5-15 minutes. Do you carry while in a post office?
As a side note, I have a post office box in a "decent" area of town. Access to the boxes are 24 hours. Sometimes I go late at night. Even before carrying, I was always cognizant of my surrounds. Usually I am the only one in there, but occasionally, others will be in there or arrive after I do. Having a gun would be nice.
The poll however is for normal business hours.
January 5th, 2008 03:31 AM
I've given up on their "governmental" status. As usual, my carry technique is never discovered. I still don't think they are actually a branch of the federal government. If they were, under new Arizona laws, they would be required to supply secure storage for law abiding gun carriers to enter. Haven't seen one yet!
January 5th, 2008 03:33 AM
Every time, all the time, 6 days a week ever since I started carrying a few years ago.
January 5th, 2008 04:56 AM
I'm not touching this one. Big brother is watching me. That's why I never register for the free door prizes at gun shows either.
January 5th, 2008 05:19 AM
I have no reason to head to a U.S. Post Office. For years, I have done the UPS/FedEx "alternate" business instead. That's where my PO box is, and that's where I do my mailing. So, it's been years since this has been a problem for me. Better service, better attitudes, better facilities, no risk of official displeasure due to having the means to defend myself. Better solution all the way around. "Big Brother" can bloat along with its postal business without my help.
January 5th, 2008 07:47 AM
There is some debate about the status of post offices. A criminal atty here in NoVA is looking for a test case. So if anyone in this area is willing to try to get arrested and charged for this...He says it is definitely a gray area.
The post offices I have been in have circle slash no guns signs. That makes them off limits for me. Although under state law they are supposed to let me leave if they discover I'm carrying. However, other jeopardy may apply, see above comment.
Procrastinators are the leaders of tomorrow.
January 5th, 2008 07:48 AM
Law doesn't say I can't so I assume its legal until told otherwise.
January 5th, 2008 08:01 AM
I think it's in state's laws statutes that post office is off limits. I've never heard of anyone getting caught carrying in a post office,there's no security that I've ever seen at one.
Remember where the term,"going postal," came from, it wasn't from CHP carriers getting caught carrying in a post office.
It would be interesting to see what would happen to someone who does get caught(simply CCWing) if they try to slap them with a felony. That could end up backfiring against the government. My guess is they'll look for a fine instead and keep it on the DL.
"The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
Nunn v. State GA 1848
January 5th, 2008 08:01 AM
if i know i'll be stopping at the post office,then i'll cc.
(still don't believe that it's unlawfull to be lawfully carrying while at the post office...)
"A fear of weapons is a sign of retarded sexual and emotional maturity" --Sigmund Freud
January 5th, 2008 08:02 AM
If I ever did, it would have been unintentional. With my current carry method, it is so comfortable at times I don't even think about it on me, kinda like my cell phone or wedding band its there, and you know it, but its not the first thing on your mind.
An ounce of lead is worth 200lbs of cop.
January 5th, 2008 10:13 AM
seldom do i go to post office,and when i do,i disarm and lock it in the car.
im under the impression that post offices(being fed. property)are gun free
zones. shouldnt be. just like malls and schools,bad things do happen at
post offices too.
(SHERIFF BUFORD T. JUSTICE) "what the hell is
the world coming too"
NRA LIFE MEMBER
U.S. ARMY FT.SILL, OKLA.
January 5th, 2008 10:16 AM
This is from a thread I started on the subject awhile back:
39 CFR 232 states:
(l) Weapons and explosives . Notwithstanding the provisions of any other law, rule or regulation, 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.
I doubt going to the post office to mail a letter or buy stamps would constitute official business. This seems pretty cut and dried to me that CCW on postal property is illegal, but others don't feel that way.
"The natural progress of things is for liberty to yield, and government to gain ground."
- Thomas Jefferson
"I'm the arrow, you're my bow, shoot me forth and I will go"
"Do not let any individual posts put a knot in your Big Boy Under-Roos"
January 5th, 2008 10:34 AM
I don't go in the post office more than 2 or 3 times a year but when I do I follow the rules.
January 5th, 2008 11:59 AM
Is it against federal law if you aren't violating local laws?
I read the sign in the post office regarding weapons. It references the federal code and a federal regulation. I'm not a lawyer, so don't take any of this as legal advice. I assume that anyone who is arrested for carrying in a post office will, at a minimum, have to spend $(thousands) for legal representation even if they haven't violated the law.
The section of the federal code it references is:
However, the sign conveniently doesn't quote Subsection (d):
18 USC Section 930 Subsection (a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
18 USC Section 930 (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.
With an Idaho concealed carry permit, it is lawful to carry a concealed weapon. It is lawful to use a weapon for self-defense in Idaho, so it appears as if it is legal to carry a concealed weapon for self-defense while in a post office in Idaho.
The sign quotes from the regulation for conduct on postal property:
However, the sign conveniently doesn't quote the penalty section of the regulation:
39 CFR 232.1 (l) 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.
39 CFR 232.1 (p) (2) Whoever shall be found guilty of
violating the rules and regulations in
this section while on property under
the charge and control of the Postal
Service is subject to fine of not more
than $50 or imprisonment of not more
than 30 days, or both. 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.
39 CFR 232.1 specifically states that it doesn't abrogate local laws. As Idaho law only prohibits concealed carry on primary and secondary school grounds, in jails, and in juvenile detention facilities, it appears as if concealed carry is legal in post offices located in Idaho.
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