Legalities of Post Office Carry... parking lot?

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That means Every Hunter And gun owner in MT has Violated Federal Law!!

Quote: (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.


do the feds consider Open Carry of a Firearm "on your person" or "in the glove Conpartment" What is there definition of "Store"
what is the feds Definition of Concealed?
 
I would think that in the glove compartment of a parked car would be considered storage of a firearm, and on your person would be to carry. Are you trying to say that every hunter in MT hunts at the post office? What does the gun free school zones act have to do with post office carry?
 
Thousands of People (hunters)in MT have Rifles in there gun rack Year long and more than likely use the Post office. Including Myself!

If postal Property is a Gun Free zone then One could use the Exemption as legal defense.
 
Thousands of People (hunters)in MT have Rifles in there gun rack Year long and more than likely use the Post office. Including Myself!



It would appear that this practice is illegal. Of course, if it isn't being enforced, there is not much to worry about. I have searched for case law on this, and cannot find one case where that law was used to prosecute someone, where there was not another law violated as well. Every case where that regulation has been used (that I could find) was one where the accused had also robbed the place, or something similar.

Still, to be forewarned is to be prepared.

If postal Property is a Gun Free zone then One could use the Exemption as legal defense.

what exemption? You mean the Gun Free School Zone Act exemption? The reason MT has that law is because of this paragraph of the Act:

(B) Subparagraph (A) does not apply to the possession of a
firearm--

"(i) on private property not part of school grounds;

"(ii) if the individual possessing the firearm is licensed to
do so by the State in which the school zone is located
or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified under
law to receive the license;

That has exactly NOTHING to do with Postal Carry
 
Might I suggest a seemingly popular idea -"change". How about if we lobby for an end to "junk mail", then turn the serious mail handling over to Fed Ex & UPS. Next, turn the "former" USPS property and buildings into day care centers (can't carry there, either!). There, wasn't that easy? And, while we are "changing", how about a "dumpster party" for the IRS? (sarcasm off) :rolleyes: It does seem almost like a circular argument as to USPS/Federal law. Until some actual court case establishes a precedent, we are all left unsure, and unprotected by the so-called law. If we just had something like the Second Amendment to the Constitution, to clarify the law (sorry, sarcasm off, again).
sailortoo
 
sailortoo said:
buildings into day care centers (can't carry there, either!)

You can in Washington State. That is up to the state - not Federal law. :D

As stated above regarding the Post Office, just because a law is not enforced does not make an act legal, regardless of how many people engage in that activity every day. For instance, in South Carolina, fornication is illegal:

SECTION 16-15-80. "Fornication" defined. [SC ST SEC 16-15-80]

"Fornication" is the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman, both being unmarried.

SECTION 16-15-60. Adultery or fornication. [SC ST SEC 16-15-60]

Any man or woman who shall be guilty of the crime of adultery or fornication shall be liable to indictment and, on conviction, shall be severally punished by a fine of not less than one hundred dollars nor more than five hundred dollars or imprisonment for not less than six months nor more than one year or by both fine and imprisonment, at the discretion of the court.
 
NavyLt is correct on this based on everything I've seen written or argued.

Want another Federal law that criminalizes state-legal behavior (but is thankfully also typically unenforced)?

Carry without a permit in one form or another is legal in your car and on your person in most states.

As noted above, the Federal Gun-Free School Zone Act only exempts state permitted carry within 1,000' of a K-12 school.

Open carrying in AZ while driving by a school?

Federal violator.

Concealed carrying in AK or Vermont off-permit while walking down the sidewalk across from a school?

Federal violator.

The list is waaaay too long. Time for another Congressional slap to the anti-gun crowd.
 
not covered in this thread.. is Leased Property..

I work for the USPS in a leased building and property , and have wondered about this. there is a sign as you enter my postal facility stating that it is Private Property. I am still in the don't ask don't tell camp.
 
It would also seem that all the Veterans with CHL going to the VA medical hosiptal or clinic and leaving their sidearm locked in their car are also in violation of the law.
 
No the area around your mailbox can either be owned by you, or the local government, but you must maintain it.
This was discussed and quotes added before in another post not too long ago. If the post office has a counter located inside of another business (store), until you are at the post office counter its not breaking the law. If the post office is located with other businesses or homes on the same property (ie strip mall, etc) the gun free zone is inside the post office. One possibility though, the parking lot usually has certain parking spaces reserved for post office customers only, its possible that these are also included.
Check your specific state laws before doing anything, each state may make the laws more or strict than the federal laws.
 
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In some places the town/borough/county technically owns the public parking lot; the USPS just has the building and non-public areas. How many more kinks can we find to throw in here?
 
I just completed the Texas concealed carry course. Instructor was very explicit about it being illegal to carry at the Post Office, including the parking lot.
 
Have had my Texas CHL long enough to have been thru 3 renewals and never was instructed about the Post Office. I did see a sign on the wall of my local office stating that carry was prohibited unless in "official" capacity. Guess I'll not carry there.............
 
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