During most of the post office discussions there is always a dearth of cases. While this isn't exactly post office carry case, it is virtually the same.
Dorosan is a postal worker in Louisiana. One day he left his bag after he had gone home. A coworker found the bag and discovered a twelve round magazine inside. He alerted postal authorities, who on Dorosan's return searched his car with the consent of Dorosan. The found an XD 40 bitone (nice choice!) in the glove compartment. Dorosan was arrested for possessing a firearm on postal property.
Last week, after the Heller opinion, Dorosan filed a motion to have his case dismissed based on Heller. His motion was denied and he was convicted July 2.
Carry at a post office and you are breaking the law.
Well the fellow was a moron for knowing his mag was going to be found, then having a gun the next day (or by parking in the post office, etc)
Note that this judgement seems to carefully denote that the parking lot was on post office property. Not all postal lots are on postal property.
Also, the judge goes into detail about a 'workplace'. Does this raise the question of if the laws apply differently to customers versus employees?
Did the postal inspectors have guns in the post office? (here's a hint: hell yes)
And there was no mention of the language in 39CFR for "official business". If I am walking into the PO with an envelope to drop in the mail, that is official business.
Oh, and I'm a little confused too. A few years ago, I got a notice of a package to pick up. Took the slip, went to the post office, and the clerk handed me a package containing an M1 garand. Right there, over the counter. In fact I'm pretty sure that general civies can mail long guns, and FFLs can mail handguns. With the current letter weight restrictions, you are compelled to mail a handgun AT THE COUNTER. Can't just lay some stamps on a package and drop it in a blue box.
The problem here is the guy was parked inside a gated parking lot,not the customer lot and It is against the law to have a gun on that property,I'm currently having a shotgun shipped to my FFL who picks up packages at the post office.I'm sure because of the postal employees in recent years killing other employees they tend to get real jumpy when somebody knowingly has illegal items in the workplace IE mag of 40 caliber ammo,
Yup, I placed the call to the "authority" here who published the book saying USPO AOK w/permit while on business (no evil intent). He never got back to me and I haven't had time to chase him down. [This was during a prior thread with a very heated discussion about CUSTOMERS CCW'g in the USPO.]
So in my mind this is an "up in the air" thing and I don't claim any expertise.
He was wrong to use Heller as a defense. If he had any brains, he'd have pressed the lawful purpose exemption backed with the "shall not abrogate" clause in the CFR, thus the USC would remain supreme and sub (d)(3) would apply. Case dismissed with prejudice.
Discovery of magazine led to a search of the employees car when he arrived the next day and parked on federal property, inside the off-limits area. That's where the gun was found, hence termination for carrying a deadly weapon.
It was only a logical assumption that someone who carries a loaded magazine carries a gun as well.
Being honest i will bet that i have not been in a post office two times in the last year . I never thought to disarm to run in for a shipment ect.. Of course in this small town the postmaster would want to " see my pistol " if i were noticed there and not to " secure " a semi federal facility, rather to see if it was something he would want to trade for since he and his kids hunt on our ground pretty much year round depending on what is in season lol .
As we (or most of us) know, you can mail a rifle via USPS. IF, you can mail a rifle then you can carry a gun in a post office. However, there is a prohibition against guns in post offices. So, the question is how to resolve the conflict.
"Official business" would be the act of carrying the firearm into the PO for the purposes of mailing the firearm. This is because the "official business" of the PO is to mail things. "Official business" doesn't include you going to the PO to collect your regular mail since that occurs AFTER the "official business" has been concluded (the mail was delivered). Going to the PO to mail something is also not "official business" unless the item to be mailed is a firearm. Carrying a firearm while going to the PO to mail a letter would not be "official business" involving a firearm.
It is not a valid explanation to say it is okay under the guise of mailing a handgun. It is legal to mail long guns, but it is never allowed to mail a handgun. That argument carries no merit - but, let's play that out.
Please explain which of the following is "official business":
If I go to the post office to mail a letter ?
to buy a stamp?
to cash a money order?
to get mail from my PO box?
to get mail from my PO box when we have no local/household mail service?
If you re-read my post carefully this time you'll see that I clearly say that firearms are allowed in the PO IF they are the subject of the "official business." This is a postal regulation regarding the mailing of rifles. Otherwise you'd get busted if you brought a rifle to the PO to mail it.
Thus, when you mail or pick up a firearm at the PO, the firearm is the purpose of your business there and is exempt from the "no firearms" policy.
If, OTOH, you're just there to mail letters or buy stamps then the firearm is NOT the subject of the visit and is not allowed.
(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]
from ATF Online - Firearms FAQs A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
Am I reading that wrong?
Or to play devil's advocate here - if I have a FFL and a stamp on my gun, is that "official"
Yes, dealers and manufacturers can use USPS mail to ship handguns, non-FFLs cannot use USPS for handguns.
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