New to forun and CHL

[dwmathews]

Sorry if this has been asked before but I would like to know if the US Post office have to post the 30.06 sign. I go the my local post office each day and I have not seen a sign posted.
Someone told me I COULD NOT carry on goverment property. I don't worry about it becouse no one can see if I am packing or not. I just don't want to end up making a big mistake.
Thanks

[seamusTX]

State law does not apply to federal facilities. This issue is entirely up for grabs. Everyone has to make their own decision about it.

- Jim

[flb_78]

My understanding, and I'm no lawyer, is that you are not allowed to carry on Federal Property. If your carrying concealed then you would be breaking the law, but who would know?

[Kalrog]

Carry in post offices is one of those things where there might technically be a law saying that it is okay, but maybe not - depending on how the court were to interpret the way it is written. And to the best of my knowledge there has not been a test case to decide it one way or another. So with that said, I don't want to be the test case. Which means don't get caught carrying there.

And this is one that honest people truly trying to interpret the law can be on opposite sides of the coin.

[txinvestigator]

State law does not apply to federal facilities.

Of course it does. Assault someone there and see if a TEXAS PEACE OFFICER does not come to investigate, file charges and have a state or county court prosecute you.

and if one were to be posted 30.06, it is certainly enforceable.

[frankie_the_yankee]

State law does not apply to federal facilities.

Of course it does. Assault someone there and see if a TEXAS PEACE OFFICER does not come to investigate, file charges and have a state or county court prosecute you.

and if one were to be posted 30.06, it is certainly enforceable.

I don't think a 30.06 sign would be enforceable at a fed facility because it's a "government entity".

The difference is that a fed facility has no need to post 30.06 because federal law and regulations apply.

I wonder if Heller will affect some of the blanket bans that exist under federal law such as national parks and some other places. If the SCOTUS rules the 2A to be an individual right it would seem to me that some of these blanket federal property bans are just as much infringements as the gun bans of DC.

[KBCraig]

State law does not apply to federal facilities.

Of course it does. Assault someone there and see if a TEXAS PEACE OFFICER does not come to investigate, file charges and have a state or county court prosecute you.

and if one were to be posted 30.06, it is certainly enforceable.

State laws (and law enforcement actions) only apply on federal property where the federal agency has assimilated the state laws in question. Otherwise the case will be handled by federal LEOs, prosecuted by an AUSA, and heard in front of a federal magistrate or judge.

Most federal agencies assimilate state laws (at least the ones they like; they tend not to assimilate laws like Government Code 411 ).

[txinvestigator]

State law does not apply to federal facilities.

Of course it does. Assault someone there and see if a TEXAS PEACE OFFICER does not come to investigate, file charges and have a state or county court prosecute you.

and if one were to be posted 30.06, it is certainly enforceable.

I don't think a 30.06 sign would be enforceable at a fed facility because it's a "government entity".

You are absoutely right, I am busted.

[txinvestigator]

State law does not apply to federal facilities.

Of course it does. Assault someone there and see if a TEXAS PEACE OFFICER does not come to investigate, file charges and have a state or county court prosecute you.

and if one were to be posted 30.06, it is certainly enforceable.

State laws (and law enforcement actions) only apply on federal property where the federal agency has assimilated the state laws in question.

That is very interesting. Can you show me the laws on how that works? How is assimilation done? It is done per code? Per law? Who decides?

If I smash you car to bits in a post office parking lot I am scott free until some Federal Agent gets involved?

(whats your closest PO? ) lol

[seamusTX]

State law does not apply to federal facilities.

Of course it does.

I misspoke. Please forgive me.

State law applies on federal property when the feds want it to.

When it comes to firearms manufactured after 1898, federal law applies. A state cannot make it legal to carry on federal property when the feds prohibit it.

- Jim

[KBCraig]

How is assimilation done? It is done per code? Per law? Who decides?

Per CFR, as promulgated by the director or chief of the agency concerned.

[bpet]

DWMATHEWS,

Welcome to the forum and good luck on getting a straight forward answer to your question. It's one that tends to get wrapped around the axle quite easily (as you can see from the above posts). There are several prior posts on the forum that address this issue and you can read until you turn blue (try using the search feature) but the answer is, It depends! (See Kalrog response to your post).

Best bet is to read some of the past responses, assess your personal situation, and do what you think you are willing to pay for if you get caught by some technocrat that lives only to enforce his/her interpretation of the law (I understand it's a class B Misdemeanor with something like a $50 fine) . While you are doing your research, you might want to think about the scenario where you are carrying in a Wal-Mart and stop by their in-building "post-office" facility to buy some stamps or mail some bills.

Again, welcome and enjoy your research.

Let us know what you decide.

[dwmathews]

Thanks for all the replies. I was wondering due to the fact that I rent a P.O.Box from the Post Office.
I only enter the lobby where the boxs are located. I never enter the Holy of Holys.haha
Anyway I am new to the forum and I have learned alot from each post. I hope each of you have a Merry Christmas
And lets keep Jesus as the reason for the season.

[ELB]

Dean Speir at http://www.thegunzone.com used to have a post by an attorney named Firriolo who purpoted to show that Federal law did NOT forbid concealed carry in post offices. However, that essay has disappeared and has been replaced by the following verbiage:

The Concealed Carry in the Post Office
Analysis by Robert P. Firriolo, Esq. usually at
this URL has been removed pending a review
in light of recently revised U.S.P.S. regulations,
specifically a new introductory clause to 232.1.

http://www.thegunzone.com/rkba/rtc-usps.html

You are on your own for this one.

elb

[Penn]

State law does not apply to federal facilities.

Of course it does. Assault someone there and see if a TEXAS PEACE OFFICER does not come to investigate, file charges and have a state or county court prosecute you.

and if one were to be posted 30.06, it is certainly enforceable.

Well - to be fair - if the feds have exclusive jurisdiction then state law is NOT enforceable. Almost every federal facility has concurrent jurisdiction though, which allows for local enforcement. The feds like it better this way - letting the locals handle the small stuff.