Search found 7 matches

by txinvestigator
Mon Aug 20, 2007 7:56 pm
Forum: General Texas CHL Discussion
Topic: Post Office Carry
Replies: 74
Views: 12065

Photoman wrote:
txinvestigator wrote: Read carefully. They can enter into agreements with AGENCIES. And ONLY with approval from the Chief Postal Inspector or his designee. Can you name ANY LE agencies that have such agreements in place?


That's one of the best non-apology apologies I think I've ever read.
Thats a far cry from saying Postmasters can "grant authority" to local LEOs to enforce postal laws., isn't it Photoman?

And the allegation in this thread is that, generally, local LEOS can either arrest for violations of postal laws or detain a person until Feds arrive.

Neither of those are true, UNLESS the specifics in Title 39 Part 232 Section 232.1, (q) (2) are met.
by txinvestigator
Mon Aug 20, 2007 6:27 pm
Forum: General Texas CHL Discussion
Topic: Post Office Carry
Replies: 74
Views: 12065

Photoman wrote:
txinvestigator wrote:
Photoman wrote:
txinvestigator wrote: No, a Texas LEO cannot "detain" you for violation of a federal law. Unless you can show me the law that grants them said authority.

It's in there. The Postmaster can grant authority to local law enforcement.
No, it is not "in there". There is a reason I asked him to "show me". That reason is because there is no such law. Asking to "show me" was to prevent the "trust me, its there" response.

Texas Peace Officers get their authority from the Texas Code of Criminal Procedure. That authority does not include enforcing federal laws.

There is federal law stipulating how federal LE obtains their authority. It does not include the postmaster granting authority to non-federal employees.

However, to be fair, if you can show me the law, I will apologize and tell everyone that I am NOT smarter than a 5th grader. ;)



From Title 39 Part 232 Section 232.1:


(q) Enforcement. (1) Members of the U.S. Postal Service security force shall exercise the powers provided by 18 U.S.C. 3061(c)(2) and shall be responsible for enforcing the regulations in this section in a manner that will protect Postal Service property and persons thereon.

(2) Local postmasters and installation heads may, pursuant to 40 U.S.C. 1315(d)(3) and with the approval of the chief postal inspector or his designee, enter into agreements with State and local enforcement agencies to insure that these rules and regulations are enforced in a manner that will protect Postal Service property.
(3) Postal Inspectors, Office of Inspector General Criminal Investigators, and other persons designated by the Chief Postal Inspector may likewise enforce regulations in this section.
Read carefully. They can enter into agreements with AGENCIES. And ONLY with approval from the Chief Postal Inspector or his designee. Can you name ANY LE agencies that have such agreements in place?
by txinvestigator
Mon Aug 20, 2007 5:58 pm
Forum: General Texas CHL Discussion
Topic: Post Office Carry
Replies: 74
Views: 12065

Photoman wrote:
txinvestigator wrote: No, a Texas LEO cannot "detain" you for violation of a federal law. Unless you can show me the law that grants them said authority.

It's in there. The Postmaster can grant authority to local law enforcement.
No, it is not "in there". There is a reason I asked him to "show me". That reason is because there is no such law. Asking to "show me" was to prevent the "trust me, its there" response.

Texas Peace Officers get their authority from the Texas Code of Criminal Procedure. That authority does not include enforcing federal laws.

There is federal law stipulating how federal LE obtains their authority. It does not include the postmaster granting authority to non-federal employees.

However, to be fair, if you can show me the law, I will apologize and tell everyone that I am NOT smarter than a 5th grader. ;)
by txinvestigator
Mon Aug 20, 2007 5:23 pm
Forum: General Texas CHL Discussion
Topic: Post Office Carry
Replies: 74
Views: 12065

familyman wrote:I think HPD is against enforcing federal laws.
:???:
All Texas LE agencies are. Texas Peace Officers have NO authority to enforce Federal Laws, unless the specific Peace Officer has been sworn in as a Fed. That usually only happens with task forces using locals and Feds.
by txinvestigator
Mon Aug 20, 2007 2:13 pm
Forum: General Texas CHL Discussion
Topic: Post Office Carry
Replies: 74
Views: 12065

GlockenHammer wrote:
TxFire wrote:Can a local LEO enforce this Federal Law? If so, are they likely to?
What they can do is detain you and contact the correct Federal authorities.

On the "$50 and up to 30 days in jail", be careful. Another Federal Agency with which I am familiar has similar language regarding the penalties for violating the regulations (CFR). However, in the criminal code (USC), there is a law against violating any regulation of that Agency and provides for up to 1 year in jail and a fine upwards of $1,000. If the PO has a similar entry in the USC, you could find yourself in some pretty hot water, especially if you drew the ire of the the Feds responsible for prosecuting your case (and/or they were very Liberal/anti-gun). Yet another reason to tread lightly around Uncle Sam.
No, a Texas LEO cannot "detain" you for violation of a federal law. Unless you can show me the law that grants them said authority.
by txinvestigator
Mon Aug 20, 2007 2:11 pm
Forum: General Texas CHL Discussion
Topic: Post Office Carry
Replies: 74
Views: 12065

longtooth wrote:That is what I do at our main PO. Go there VERY seldom.
I know this has been thrashed & borders on :deadhorse: .
The saying is If it is concealed who will ever know.
Extreemly crowded & tight parking lot. Ever have anyone back into you?? Or worse, ever bump someone else.??

Officer: Could I see you ID please.
CHLer: DL, POI, CHL & I am armed. (On the PO parking lot).

The above is far more likely than Needing it to stop someone going postal & later haveing to explain "saving the day."
Most Texas police don't investigate private property accidents. ;)
by txinvestigator
Mon Jul 30, 2007 10:33 am
Forum: General Texas CHL Discussion
Topic: Post Office Carry
Replies: 74
Views: 12065

anygunanywhere wrote:Can you summarize for us?

Anygun
Or provide a link.................

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