Carrying at the Post Office

CHL discussions that do not fit into more specific topics

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Ameer
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Re: Carrying at the Post Office

#91

Post by Ameer »

please mail more
I prefer to support well run businesses, especially ones that don't try to infringe my civil rights.
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Dr. Jekyl
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Re: Carrying at the Post Office

#92

Post by Dr. Jekyl »

Maybe I'm missing something. Reading through this thread, I see a lot of discussion about how various federal statutes put 39 USC 232.1 in control of conduct on postal property to the exclusion of other federal laws. But nobody has mentioned 232.1(p)(2) which says, in part,
"Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations of any State and local laws and regulations applicable to any area in which the property is situated."
My non-lawyer brain interprets that to mean that the Postal Service defers to local law in areas where there are conflicts, which in Texas means that a CHL can carry. Does anyone agree? Having opined that, however, let me say that I'm not volunteering to be the test case.
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KC5AV
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Re: Carrying at the Post Office

#93

Post by KC5AV »

Dr. Jekyl wrote: Having opined that, however, let me say that I'm not volunteering to be the test case.
Now, where's your sense of adventure?
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chartreuse
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Re: Carrying at the Post Office

#94

Post by chartreuse »

One thing that I've always wondered about, regarding PO parking lots is - why don't bad guys cruise the streets looking for vehicles parked on the road outside a PO parking lot with loads of empty spaces? It's a good bet such vehicles would contain a firearm, there for the stealing...

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Re: Carrying at the Post Office

#95

Post by RPB »

chartreuse wrote:One thing that I've always wondered about, regarding PO parking lots is - why don't bad guys cruise the streets looking for vehicles parked on the road outside a PO parking lot with loads of empty spaces? It's a good bet such vehicles would contain a firearm, there for the stealing...
People run in and out of the post office pretty quickly sometimes.
Just to get stamps, just to mail a letter in the inside slot/box.

College Campus parking lots where classes last an hour, hour-and-a-half, or longer are better leisurely, take your time/all-you-can-steal buffet's for criminals.
I'm no lawyer

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Dad24GreatKids
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Re: Carrying at the Post Office

#96

Post by Dad24GreatKids »

sjfcontrol wrote:Off topic, I know -- but I'm gonna post it anyway!

Another "facility" that continues to get funding that is totally unnecessary is -- the public library. Totally replaced by the internet. Just my opinion, so flame away. Some people used to lament the passing of the buggy-whip, too. :fire
It's easy to forget that many people don't have internet access, either at home or at work. Last weekend I spoke with a lady who doesn't have a computer and doesn't have the type of job that gives her access to one at work. We've got several computers at home and high speed internet access, but my kids are at the library weekly.
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dicion
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Re: Carrying at the Post Office

#97

Post by dicion »

Dr. Jekyl wrote:Maybe I'm missing something. Reading through this thread, I see a lot of discussion about how various federal statutes put 39 USC 232.1 in control of conduct on postal property to the exclusion of other federal laws. But nobody has mentioned 232.1(p)(2) which says, in part,
"Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations of any State and local laws and regulations applicable to any area in which the property is situated."
My non-lawyer brain interprets that to mean that the Postal Service defers to local law in areas where there are conflicts, which in Texas means that a CHL can carry. Does anyone agree? Having opined that, however, let me say that I'm not volunteering to be the test case.
I actually wrote a whole book about this exact issue in a past thread. It all comes down to the same answer, who's going to volunteer to be the test case?
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G.A. Heath
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Re: Carrying at the Post Office

#98

Post by G.A. Heath »

Actually we have had a test case of sorts, shortly after Heller if I'm not mistaken. The following is done completely from memory:

I believe it was United States V. Dorosan and was heard in the 5th circuit court of appeals (Which covers Texas, Louisiana, and Mississippi). The good news is that this an unpublished opinion which by my understanding means that it set no precedent. Essentially the 5th circuit concluded that because the parking lot was used for the loading and unloading of mail it would be considered a sensitive place which Heller allowed for a ban on firearms. Additionally they also concluded that the Post Office's ban was legal because the post had constitutional authority to do so as the property owner. In essence we have had a test case, but it really doesn't count for much.
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C-dub
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Re: Carrying at the Post Office

#99

Post by C-dub »

G.A. Heath wrote:Actually we have had a test case of sorts, shortly after Heller if I'm not mistaken. The following is done completely from memory:

I believe it was United States V. Dorosan and was heard in the 5th circuit court of appeals (Which covers Texas, Louisiana, and Mississippi). The good news is that this an unpublished opinion which by my understanding means that it set no precedent. Essentially the 5th circuit concluded that because the parking lot was used for the loading and unloading of mail it would be considered a sensitive place which Heller allowed for a ban on firearms. Additionally they also concluded that the Post Office's ban was legal because the post had constitutional authority to do so as the property owner. In essence we have had a test case, but it really doesn't count for much.
True, but Mr. Dorosan was an employee parking in a non-public parking area. I can understand this. I do not understand the reason for the ban in the public parking areas. They may or may not be legal, depending on who you ask. The USPS says no, but they allow the shipment of long guns. How is one supposed to mail it there if you can have it there? :banghead:
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G26ster
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Re: Carrying at the Post Office

#100

Post by G26ster »

C-dub wrote:The USPS says no, but they allow the shipment of long guns. How is one supposed to mail it there if you can have it there? :banghead:
I have wondered the same thing. In fact if you have an FFL you can mail a pistol legally.
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lonewolf
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Re: Carrying at the Post Office

#101

Post by lonewolf »

Kind of bizarre, isn't it? :headscratch
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Beiruty
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Re: Carrying at the Post Office

#102

Post by Beiruty »

G26ster wrote:
C-dub wrote:The USPS says no, but they allow the shipment of long guns. How is one supposed to mail it there if you can have it there? :banghead:
I have wondered the same thing. In fact if you have an FFL you can mail a pistol legally.

How about mailing a pistol to an FFL? can't you do that?
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Beiruty
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Re: Carrying at the Post Office

#103

Post by Beiruty »

G26ster wrote:
C-dub wrote:The USPS says no, but they allow the shipment of long guns. How is one supposed to mail it there if you can have it there? :banghead:
I have wondered the same thing. In fact if you have an FFL you can mail a pistol legally.
You may claim that you are transporting not carrying.
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chartreuse
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Re: Carrying at the Post Office

#104

Post by chartreuse »

RPB wrote:
chartreuse wrote:One thing that I've always wondered about, regarding PO parking lots is - why don't bad guys cruise the streets looking for vehicles parked on the road outside a PO parking lot with loads of empty spaces? It's a good bet such vehicles would contain a firearm, there for the stealing...
People run in and out of the post office pretty quickly sometimes.
Just to get stamps, just to mail a letter in the inside slot/box.

College Campus parking lots where classes last an hour, hour-and-a-half, or longer are better leisurely, take your time/all-you-can-steal buffet's for criminals.
That makes perfect sense. It's just I didn't think sense was a strong point, for a certain type of crook...
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G26ster
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Re: Carrying at the Post Office

#105

Post by G26ster »

Beiruty wrote: How about mailing a pistol to an FFL? can't you do that?
Unlicensed persons (meaning no FFL) may not ship a handgun via U.S. Mail.
Last edited by G26ster on Sat Nov 20, 2010 10:32 pm, edited 1 time in total.
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