Federal or not? - Page 2

Federal or not?

This is a discussion on Federal or not? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Janq ...talking to persons directly who are to my mind and understand knowledgeable on this admittedly difficult to discern topic, Janq, Bumper ...

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Thread: Federal or not?

  1. #16
    Senior Member Array TheGreatGonzo's Avatar
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    Quote Originally Posted by Janq View Post
    ...talking to persons directly who are to my mind and understand knowledgeable on this admittedly difficult to discern topic,
    Janq,
    Bumper is going to kill us for dragging this dead horse out and beating on it again, but I have to respectfully disagree. The US Postal Inspection Service, whose personnel would be the one to spearhead the investigation, and the Office of the United States Attorney, would be doing the prosecution, take a very different viewpoint. But, as you pointed out, somebody will eventually be the test case. There are a lot of people who rely on "(d)(3)" stating that the CFR cannot override USC. However, 39 USC 410 exempts Post Offices from 18 USC 930 (being a statute dealing with Federal facilities in general.) 39 USC 410, specifically dealing with post offices, states:

    § 410. Application of other laws

    Release date: 2003-06-24

    (a) Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service.
    (b) The following provisions shall apply to the Postal Service:

    (1) section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and section 5532 (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable;

    Again, I know this horse has been beaten beyond recognition and sometimes we just have to agree to disagree. I just hope the person who chooses to be the test case has a lot of time to spare and very deep pockets.
    Gonzo
    Last edited by TheGreatGonzo; October 10th, 2008 at 03:14 PM. Reason: I can't spell worth a darn.
    "Skin that smokewagon!".


  2. #17
    VIP Member Array Janq's Avatar
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    Agreed we should stop while were ahead as Bumper will shoot us both...and yes we should agree to disagree and let the dead horse rest. :)

    What I will though do is call the US Attys. Office and see who I can speak to there about this subject and then send that person a formal letter of inquiry, via USPS :p , and ask them in plain English if a settlement on this issue at the Federal and state level can be provided.
    I don't know if anyone else (internet) has tried as much though it would seem to be the obvious and logical final method for clarity.

    Again though I by personal choice limit my exposure to a USPS simply because it's too easy and convenient to not do so, and thus avoid this problem in general.

    For the record I'm all about following the law even the ones I don't personally enjoy or deem to be fair and sensible.
    I don't have the coin nor spare time to fight a Federal case.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  3. #18
    Senior Member Array TheGreatGonzo's Avatar
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    Quote Originally Posted by Janq View Post
    Agreed we should stop while were ahead as Bumper will shoot us both

    Don't worry...Sixto says he can't shoot.


    Quote Originally Posted by Janq View Post
    What I will though do is call the US Attys. Office and see who I can speak to there about this subject and then send that person a formal letter of inquiry, via USPS :p , and ask them in plain English if a settlement on this issue at the Federal and state level can be provided.
    Ha ha! You reffered to the US Attorney's Office and "plain English" in the same sentence. Throw in "common sense" and it would be completely ridiculous!
    "Skin that smokewagon!".

  4. #19
    VIP Member Array Janq's Avatar
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    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  5. #20
    VIP Member Array Supertac45's Avatar
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    The post office I use also sells booze, gas, and a few food items. It's contract and no Federal Employees. I don't worry about it.
    Les Baer 45
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  6. #21
    Member Array halfcrazy's Avatar
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    Heck i was in a little town here in maine and the post office is in the general store and they sell ammo

  7. #22
    Member Array lraimer's Avatar
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    The post office here is a bonifide one and it is not posted anywhere that I can find inside or outside
    1911a1
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