Post Office Again

Post Office Again

This is a discussion on Post Office Again within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; 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 ...

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Thread: Post Office Again

  1. #1
    Restricted Member Array SelfDefense's Avatar
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    Post Office Again

    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.

    Here is the transcript of the motion denial.

    http://volokh.com/files/dorosan.pdf


  2. #2
    Senior Member Array Shizzlemah's Avatar
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    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.

  3. #3
    Distinguished Member Array tinkerinWstuff's Avatar
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    Shizzle - it would be interesting to know if the guys attorney argued any of those points.

  4. #4
    VIP Member Array dukalmighty's Avatar
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    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,
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Senior Member Array cagueits's Avatar
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    Any one knows what he got for sentencing?

  6. #6
    VIP Member Array matiki's Avatar
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    I, for one, am outraged!



    This thread hasn't had even faintest hint of controversy yet. What is going on around here did everyone crawl under a rock?

    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  7. #7
    762
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    Why did the co-worker go through the bag? i doubt the magazine was "discovered". did the evil magazine with evil bullet jump out and say "here i am!"

  8. #8
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    Carrying in a Post Office is illegal

    Until there is a new court case this is nothing new.

    And I am not willing to be the test case
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

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    762
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    i know that. but my question is - why did they go through the bag?

  10. #10
    VIP Member Array matiki's Avatar
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    Quote Originally Posted by 762 View Post
    i know that. but my question is - why did they go through the bag?
    Nosy co-worker.

    Bags are probably subject to inspection anyways...
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  11. #11
    VIP Member Array Tubby45's Avatar
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    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.
    07/02 FFL/SOT since 2006

  12. #12
    762
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    How can a magazine be seen as a "deadly weapon" is my question...

  13. #13
    VIP Member Array matiki's Avatar
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    Quote Originally Posted by 762 View Post
    How can a magazine be seen as a "deadly weapon" is my question...
    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.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    Over reaction! from the post office

  15. #15
    762
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    Quote Originally Posted by matiki View Post
    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.
    true, but a mag is still not a deadly weapon. only when it is inserted inside the gun, and chambered is it. When the 2 are apart, they are nothing more then paper weights.

    Just playing devils advocate here.

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