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Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 8:58 am
by NotRPB
Yeah, I think it's like the ACOE Lake near here, no guns n cars on their property, including carried, in cars/boats/parking lots etc .... so you have to remove all guns and ammo from body and from cars and hide them in the bushes until you are ready to leave the property owned "by the people" It makes wild hogs and rattlesnakes and bobcats "feel safer"or something.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 9:06 am
by Abraham
TAM,

Are you blue skying, just venting, or do you think what you posted regarding Federal parking lots is actually on the radar?

Thanks!

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 9:15 am
by mayor
The Annoyed Man wrote:So, the obvious next step is mounting 24 hr security cameras which can monitor all parking spaces to observe drivers while still in their car, in states where private citizens are allowed to be armed in their cars. When the observer spots someone obviously disarming in their car, while parked in the gov't lot, he records the license plate number of the car along with the relevant video and/or still images, and they go arrest the person. OR..... Easier and more efficient from a federal gov't perspective, they simply issue a federal warrant for the person's arrest, and wait for the next time state or local PDs stop him on a traffic violation........

How long will THAT kind of crapulence last before Congress does something about it?
Abraham wrote:TAM,

Are you blue skying, just venting, or do you think what you posted regarding Federal parking lots is actually on the radar?

Thanks!
I'm not TAM, but that is the federal way - maybe with a Sovereign Citizen warning. Minority Report ain't too far behind.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 10:05 am
by ScottDLS
SCOTUS didn't rule on this, they just refused to hear the case from 2nd circuit letting that decision stand. The issue of Post Office parking lots is much less important than Federal GFSZA. I'm always surprised at the people who worry about leaving their gun in the car in PO parking lot, who will drive through a school zone with a loaded long gun in their trunk,
OR off duty LEO's who carry in schools, school zones, etc. :rules:

PO parking lot carry is a Federal "infraction" w/ max 30 days in jail and typically a small fine.
Carry in violation of Federal GFSZA is a federal felony with 10 years in prison and $250,000 fine. :shock:

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 10:27 am
by mojo84
ScottDLS wrote:SCOTUS didn't rule on this, they just refused to hear the case from 2nd circuit letting that decision stand. The issue of Post Office parking lots is much less important than Federal GFSZA. I'm always surprised at the people who worry about leaving their gun in the car in PO parking lot, who will drive through a school zone with a loaded long gun in their trunk,
OR off duty LEO's who carry in schools, school zones, etc. :rules:

PO parking lot carry is a Federal "infraction" w/ max 30 days in jail and typically a small fine.
Carry in violation of Federal GFSZA is a federal felony with 10 years in prison and $250,000 fine. :shock:
Do you know of any convictions for someone carrying in a GFSZA that wasn't convicted of committing another crime? It's my understanding this is usually just an add-on charge when someone is charged with committing other crimes in a GFSZA. Haven't heard of it being a primary charge.

Not sure it is as big a problem as it seems it could be.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 10:29 am
by Smokey613
ScottDLS wrote:SCOTUS didn't rule on this, they just refused to hear the case from 2nd circuit letting that decision stand. The issue of Post Office parking lots is much less important than Federal GFSZA. I'm always surprised at the people who worry about leaving their gun in the car in PO parking lot, who will drive through a school zone with a loaded long gun in their trunk,
OR off duty LEO's who carry in schools, school zones, etc. :rules:

PO parking lot carry is a Federal "infraction" w/ max 30 days in jail and typically a small fine.
Carry in violation of Federal GFSZA is a federal felony with 10 years in prison and $250,000 fine. :shock:
If we read the exceptions:

** The Act`s prohibitions do not apply to:

1) firearms on private property (including homes used for home schooling);
2) unloaded firearms in a locked container or locked firearms rack in a motor vehicle;
3) unloaded firearms possessed while traversing school grounds to access hunting land;
4) entry authorized by the school;

5) persons licensed by state or local authorities; <<< How do we interpret this exception ??

6) individuals using a firearm in a school program;
7) law enforcement officers acting in an official capacity.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 10:32 am
by mojo84
Smokey613 wrote:
ScottDLS wrote:SCOTUS didn't rule on this, they just refused to hear the case from 2nd circuit letting that decision stand. The issue of Post Office parking lots is much less important than Federal GFSZA. I'm always surprised at the people who worry about leaving their gun in the car in PO parking lot, who will drive through a school zone with a loaded long gun in their trunk,
OR off duty LEO's who carry in schools, school zones, etc. :rules:

PO parking lot carry is a Federal "infraction" w/ max 30 days in jail and typically a small fine.
Carry in violation of Federal GFSZA is a federal felony with 10 years in prison and $250,000 fine. :shock:
If we read the exceptions:

** The Act`s prohibitions do not apply to:

1) firearms on private property (including homes used for home schooling);
2) unloaded firearms in a locked container or locked firearms rack in a motor vehicle;
3) unloaded firearms possessed while traversing school grounds to access hunting land;
4) entry authorized by the school;

5) persons licensed by state or local authorities; <<< How do we interpret this exception ??

6) individuals using a firearm in a school program;
7) law enforcement officers acting in an official capacity.
Notice he mentioned "long gun". Our license only applies to handguns.

Regardless, I do not know if this is a big issue as I do not believe it is normally a primary charge.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 10:50 am
by mr1337
Smokey613 wrote:
ScottDLS wrote:SCOTUS didn't rule on this, they just refused to hear the case from 2nd circuit letting that decision stand. The issue of Post Office parking lots is much less important than Federal GFSZA. I'm always surprised at the people who worry about leaving their gun in the car in PO parking lot, who will drive through a school zone with a loaded long gun in their trunk,
OR off duty LEO's who carry in schools, school zones, etc. :rules:

PO parking lot carry is a Federal "infraction" w/ max 30 days in jail and typically a small fine.
Carry in violation of Federal GFSZA is a federal felony with 10 years in prison and $250,000 fine. :shock:
If we read the exceptions:

** The Act`s prohibitions do not apply to:

1) firearms on private property (including homes used for home schooling);
2) unloaded firearms in a locked container or locked firearms rack in a motor vehicle;
3) unloaded firearms possessed while traversing school grounds to access hunting land;
4) entry authorized by the school;

5) persons licensed by state or local authorities; <<< How do we interpret this exception ??

6) individuals using a firearm in a school program;
7) law enforcement officers acting in an official capacity.
We interpret #5 to mean people who have a carry license from that state. So, if you have a TX LTC, you are in the clear if you carry a firearm in a GFSZ (so long as you don't violate Texas law by going inside a building). But if you have a TX LTC and are visiting New Mexico (which recognizes TX LTC), you are not protected from GFSZA #5.

In most cities, it's nearly impossible to travel through the city without passing through multiple GFSZ's.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 11:55 am
by Solaris
imkopaka wrote: Good thing Texas law already protects us in parking lots, eh? :txflag:
No protection for parking lots, premises, etc on Federal Property.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 12:01 pm
by Solaris
imkopaka wrote: While that is unfortunately true despite the constitution's obvious intent to the contrary, only federal law enforcement can do anything about it. State law allows it, federal law prohibits it. If I carry in the post office parking lot I could be arrested by FBI, border patrol, etc, but NOT by local PD, sheriff, DPS, etc.
If my PO calls 911 and reports "man with a gun", the local popo is coming Code3 and making the arrest. Most Federal Gun Laws originate with detentions made by local police. Just look at all the conviction for carrying on property controlled by Federal Law and see who makes the arrest. Schools, POs, Army Corp of Engineers, 99% of Federal gun charges are by Texas Peace officers.

About a year ago, my PO made a DUI arrest in the PO parking lot. Guy was convicted in Federal Court.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 12:13 pm
by Abraham
Your PO meaning your Parole Officer?

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 12:27 pm
by parabelum
LEOSA does not exempt an off-duty officer in the GFSZ, so I guess the same applies to post office?

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 12:27 pm
by Soccerdad1995
How large is the area covered by the GFSZA? I thought I heard 1,000 feet from the edge of school property. If that is the case, then it is physically impossible for me to leave my city (from my house) without passing through a GFSZ.

I understand that federal law trumps state law, but doesn't the supreme law of the land trump this federal law?
A well armed militia being essential to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 12:40 pm
by Smokey613
"We the People" have allowed our legislatures and courts to circumvent the Constitution by our apathy. We are on a path of no return unfortunately. While Federal law does indeed establish these GFZs, Texas law provides a few exemptions to State prosecution. The likelyhood of Federal prosecution is heavily dependant on the views of the local CJ system. If you have a prosecutor wanting to make a name for themselves then all bets are off. I still find it curious that our Federal CJ system allows some states to disregard certain Federal laws ( marijuana ) ( LEOSA ) while requiring those same states to enforce other Federal laws.

Re: SCOTUS criminalizes guns in car if in post office parking lot

Posted: Tue Mar 22, 2016 12:41 pm
by Keith B
imkopaka wrote:http://bearingarms.com/scotus-goes-post ... arry-guns/
The Supreme Court has apparently gone postal, and has decided that you do not have the right to bear arms in the Post Office, or even lock up your gun in the parking lot of postal facilities.
...
The justices on Monday let stand an appeals court ruling that said the Second Amendment right to bear arms does not extend to government buildings or the parking areas that serve them.

Good thing Texas law already protects us in parking lots, eh? :txflag:
But it does not override federal laws on their property. So, if you have to pull off the street to park at the parking lot of a federal facility, including the post office, then you would be in violation.