Carrying Legally in the Post Office

[GHF]

This issue drives me nuts down here in Florida, since I can walk to my Post Office to mail things and empty out a PO box we have there.
The question seems to be answered by the following at the Gun Zone:

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

By creating a simple test of whether one may legally carry in a post office could involve answering four questions:

1. Is it illegal for me to carry a handgun on the street outside the post office?
2. Is there a state or local law prohibiting carry in a post office?
3. Am I violating the terms of my CCW permit by carrying inside a post office?
4. Am I going to commit a crime or engage in some unlawful activity once inside the facility?

If one answers "no" to all four questions, it seems that one falls within the exception to the federal ban on carrying in a federal facility, which the Post Office is considered to be.

But an important request in the last paragraph in the main body (above the Addendum) asks the following:

Anyone with verifiable information about a CCW permit holder who was prosecuted for violation of 18 U.S.C. § 930 (or any other federal law), and who was also not allegedly committing, or attempting to commit, a crime (other than illegal firearm possession), should contact The Gun Zone or the author and provide details.

Can anybody provide specific incidents in this area?

 

[sturmruger]

I agree with you 100% while some people say that carrying in the PO is a bad idea I have been doing it for years without any trouble. I am no expert, but if you read the law it sounds like as long as you are in there for lawful purposes you should be just fine.

 

[tulsamal]

Doesn't help me any. I really wish it did since I'm in and out of the Post Office on a regular basis. Really bugs me to have to keep putting it on and taking it off. (And leaving it in the car.)

A. It shall be unlawful for any person in possession of a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, to carry any concealed handgun into any of the following places:

1. Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;

 

[sm]

It has been a long time since I actually went into USPS building. I cannot legally CCW into one due to the wording of our Statue.

Stamps are purchasd at the Grocery Store or from a vending machine on Campus, or other locations. I use the Private Mailing centers such as Mail Boxes Etc, these allow for me to sent USPS, UPS, Fed EX. I can even arrange to have a package held there.

I spent 35 years having to go to the darn Post Office. I tired of the long lines and such.

So I don't . I ask folks to send me things by way of another carrier besides USPS. Or to another - with my schedule, very posssible I'm never going be around to sign for it anyway.

A few folks have informed me they use the On-line USPS and have the business conducted at their doorstep.

I prefer to CCW, not go places where I am not allowed to, avoid crowds, long lines and hassles.

I like simple , safe, and work smarter not harder.

 

[tulsamal]

I spent 35 years having to go to the darn Post Office. I tired of the long lines and such.

I might agree with you if I lived in Tulsa rather than Vinita. Other places I could go to mail stuff, etc. We don't have a Mail Boxes, etc. here in Craig County! And it is frustrating because our Post Office is actually a good place. You rarely have to stand in line behind more than one other person. Usually you walk in just as the last person is walking away. Local, friendly people. Right in the middle of town. A place I drive past six times a day while making my three round trips to the children's school!

Gregg

 

[Valkman]

Here in NV we cannot carry in any city, county, state or federal building. Plus the post offices are posted - double whammy!

I rarely go there, and if I really have to I whine until the wife goes instead.

"Any component of the University and Community College System of Nevada and used for any purpose related to the system; The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose."

 

[LiquidTension]

I'm forced to go to the PO on a regular basis (job related). The POs in this state are all posted, and I'm pretty sure it's illegal under state CWP law.

 

[dinosaur]

Just to confuse the situation even more there's a lot of discussion on www.packing.org/ The general consensus seems to be no.

 

[rl2669]

As others have pointed out on this and other message boards, there cannot be an ABSOLUTE prohibition on bringing a firearm into a post office since in certain VERY LIMITED circumstances a firearm can be MAILED.

CCW is a different story; the original poster referenced an article written by an attorney who looked at this. But, there's no case history to affirm or deny what would actually happen to someone who carried in a PO - all of the existing convictions appear to involve people in a PO committing a crime who also happened to be in possession of a firearm.

 

[HiWayMan]

This issue has gotten to me for a number of years. The United States Postal Service is not a government owned entity. It is a private entity overseen by the government. Until recently it has held a monoploy on the mail delivery in this country which in and of itself is illegal under various anti-trust laws.

 

[Taipei Personality]

Until recently it has held a monoploy on the mail delivery in this country which in and of itself is illegal under various anti-trust laws.

How do you square that with Article I, Section 8 of the U.S. Constitution?

 

[SMMAssociates]

Unless my brain is playing tricks on me, the signs in the local Post Office used to say something about "lawful purpose", which exempted LEO's, etc.

After 11 April, when OH's CHL came into effect (and specifically bars Post Offices), the signs were changed.

So, I stay out....

What's really funny is that I am a "Branch" Post Office! Part of the deal with Stamps.Com requires it. Just paperwork, but I wonder if that would keep me out of my office?

Crazy....

 

[2nd Amendment]

Ahh, another time where I get to make people yell at me for being an outlaw rabble-rouser: Does it have at the front door or inside somewhere a metal detector/guard doing searches? No? Then I don't worry about it, regardless of what the building is. Locally that means the only place I don't carry is the top floor of the local courthouse(and THAT depends on who's working the security for the day).

 

[Hkmp5sd]

Based on my extensive legal background...

having watched both Perry Mason and Matlock, unless there is a state prohibition, it is legal to carry your CCW into a post office. The applicable statute is:

Title 18, United State Code, Sec. 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.

<snip>

d. Subsection (a) shall not apply to -

<snip>

3. the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

 

[rl2669]

Of course...

If the law meant what it says, we all could carry anywhere anytime right? What part of "Shall not be infringed" is unclear?

In reality, the law is really a 4 part mixture loosely based on what the written law appears to say, and the more important components of community standards, legal precedent, and the catch-all "winning and losing in court".