Carrying In a Post Office Legal?

[Chevusa]

Hmmm... What do we have here?

18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities
(a)Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.

(d)Subsection (a) shall not apply to—
(3)the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

Sounds to me that if you are a licensed person you are exempt.

I wonder if the Post Office is specifically included in another law though. Either way this is good to know.

 

[dsdmmat]

Not at all legal it is a federal facility unless you are licensed by a federal agency you are in violation.

 

[Chevusa]

Not at all legal it is a federal facility.

Read post #1

 

[dsdmmat]

Read post #1

I did are you licensed by a federal agency?

 

[Chevusa]

I did are you licensed by a federal agency?

Where in the law is the mention of being licensed by a federal agency?
It simply says lawful carrying for lawful purposes exempts you from said law.

 

[dsdmmat]

https://about.usps.com/posters/pos158.pdf

.

go for it if you want, just know if caught you will be paying the piper.

 

[Briwesk85]

based on the posters hanging in the post office and the little time i spend in a post office, ill gladly disarm just to make sure im not breaking anything. too much gray area

 

[dsdmmat]

You could do some research on your own before posting the topic a quick google search reviewed the answer. Can You Carry A Gun At The Post Office? – The Legal Brief ~ VIDEO

 

[Chevusa]

https://about.usps.com/posters/pos158.pdf

.

The law I posted literally exempts the thing you linked to. 18 USC 930. I posted the exemption. So yes on its face it's illegal, UNLESS you are exempt under
d)Subsection (a) shall not apply to—
(3)the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

As far as the second regulation,

39 C.F.R. 232.1 Conduct on Postal Property:
(l) Weapons and explosives. No person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.

However, looking further down the regulation, we see the following: (p) Penalties and other law.
(2) Whoever shall be found guilty of violating the rules and regulations in this section while on property
under the charge and control of the Postal Service is subject to fine of not more than $50 or imprisonment
of not more than 30 days, or both. 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.
Regulations in the CFR have to be based on laws in the United States Code, must be consistent with them, and cannot supercede them. Section (p)(2) of the 39 CFR 232.1 recognizes this fact. That is, the CFR cannot abrogate applicable Federal law.

In so far as firearms are concerned, 18 U.S.C. § 930 (a) is essentially the same as 39 CFR 232.1 (l), except that the regulations do not contain the exception for lawful concealed carry contained in 18 U.S.C. § 930 (d) (3). But by its own terms, the regulations do not override the United States Code ("Federal law"), which does allows carrying a firearm in federal facility.

In other words, the CFR cannot trump the U.S.C., and the U.S.C. allows lawful concealed carry in a federal facility.

 

[byron]

You can mail rifles and shotguns,
you would half to carry it in concealed in a box

 

[Robin]

"........ other dangerous or deadly weapons" While you're at it, lose the pocket knife.
Robin

 

[Chevusa]

"........ other dangerous or deadly weapons" While you're at it, lose the pocket knife.
Robin

... unless you're carrying it legally and for legal purposes

 

[Chevusa]

Amazing what happens when you dig into things instead of just accepting a poster made up by someone. Sure it's illegal and an additional charge if you're there for illegal purposes or a prohibited person. None of those things apply to me however. Bummer! The poster didn't scare me off!

 

[Jsmegs77]

From a literal reading of the statute it appears you are correct. I’d hate to be a test case, since we all know laws are not often applied as written.

 

[Robin]

If its up to the district U.S. Attorney, appointed by a Biden flunky, your fucked. Either way, while he's pouring over the details of your case and deciding how much bail he should demand, you're in the cooler explaining it all to the guy in the next cell.
Robin

 

[Edwardteach72]

Didn't the 10th circuit court already rule on this, ruling you can't carry on post office property.


Maybe our legal expert Chevusa will chime in with the court cases from the 10th Circuit answering OPs question

 

[kev74]

From what I've read about this, courts have previously not interpreted personal protection as a qualifying "lawful purpose".

I don't have a citation, and I don't care enough to look for one.

If anyone wants to be a guinea pig, please keep us posted as to the results.

Otherwise, lock it in the car or concealed means concealed.

 

[Edwardteach72]

You could do some research on your own before posting the topic a quick google search reviewed the answer. Can You Carry A Gun At The Post Office? – The Legal Brief ~ VIDEO

Didn't you see the other posts by him, people that use Google to look up laws and case studies are beneath this guy, he took a quick law class and therefore he is a security lawyer

 

[togmaster]

Didn't you see the other posts by him, people that use Google to look up laws and case studies are beneath this guy, he took a quick law class and therefore he is a security lawyer

He's a mall cop.

 

[drowhawk]

Not at all legal it is a federal facility unless you are licensed by a federal agency you are in violation.

Not doubting this.

Also not doubting this which is contradictory: " (3)the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes. "

This is why I never became a lawyer. I'm very gratified by black and white answers. I hate gray area. This seems like gray area. Maybe lawful carrying for self-defense hasn't been established, but what if you were planning on going hunting or target shooting after your trip to the post office? Those would most certainly be lawful purposes for possessing a firearm.

In this day and age, I NEVER leave my firearm unattended unless it is in my safe at home. I'd rather have to explain to an officer why I was carrying where I wasn't supposed to than to answer for a thief that stole my firearm out of my vehicle and used it to hurt someone else.

That being said, if it says no firearms, I turn around and don't spend my money there. I also don't spend my money with businesses that are dying, obsolete, or otherwise no longer relevant. That's two strikes for USPS.

 

[Chevusa]

If its up to the district U.S. Attorney, appointed by a Biden flunky, your fucked. Either way, while he's pouring over the details of your case and deciding how much bail he should demand, you're in the cooler explaining it all to the guy in the next cell.
Robin

Seems quite excessive for a "crime" in which the maximum penalty is a $50 fine.

 

[Cooolone]

Omg...

You could walk into and out of a local P.O. every day for the rest of your life and never, ever run into a situation where you would be challenged or asked if you're carrying and if you're doing so legally!

Concealed is Concealed!!!

That's it!

Carry on!
Stay safe out there...

 

[Robin]

Seems quite excessive for a "crime" in which the maximum penalty is a $50 fine.

We live in excessive times.
Robin

 

[Chevusa]

We live in excessive times.
Robin

Not too worried. Around here a few years ago a guy walked into a high school while carrying. He was at a board meeting or some such. When he realized his mistake he took the pistol to the office and asked if they could secure it in a safe for him. They agreed and locked it up. Well someone else oversaw this and called 911 prompting an evacuation and police response. Long story short - the DA - a no good liberal - declined to charge him. It was a nothing burger.

 

[drowhawk]

Not too worried. Around here a few years ago a guy walked into a high school while carrying. He was at a board meeting or some such. When he realized his mistake he took the pistol to the office and asked if they could secure it in a safe for him. They agreed and locked it up. Well someone else oversaw this and called 911 prompting an evacuation and police response. Long story short - the DA - a no good liberal - declined to charge him. It was a nothing burger.

LOL why didn't he just keep his mouth shut or better yet, put it in his car?

 

[Chevusa]

LOL why didn't he just keep his mouth shut or better yet, put it in his car?

Mysteries of the universe.....

 

[GOPerfect]

Nope, not at all. Poster 158, located in all Post Offices state the law.

https://about.usps.com/posters/pos158.pdf

Granted, I carry.

 

[GOPerfect]

39 CFR § 232.1 - Conduct on postal property.

www.law.cornell.edu

Paragraph "L"

 

[Chevusa]

Nope, not at all. Poster 158, located in all Post Offices state the law.

https://about.usps.com/posters/pos158.pdf

Granted, I carry.

See above posts for exemptions to said poster. There is more to the law than a line on a poster.

 

[Chevusa]

39 CFR § 232.1 - Conduct on postal property.

www.law.cornell.edu

Paragraph "L"

See post 9. That policy itself says it cannot override applicable federal law. The applicable federal law lists a clear exemption.