Tinpig quoted from the Massachussetts police training document:
In other words, the CFR cannot trump the USC, and the USC allows lawful civilian concealed carry in Post Office by Class A LTC holders.
I'm not familiar with what a Class A License to Carry is. May I assume that's relevant only to Massachusetts, or does it refer to some federal class of license?
In any case, I have a Post Office Box in the lobby of my PO, which is open 24 hours a day. For years, I avoided carrying in there with my permit even if the main service counter was closed because there was a sign near the door as follows:
TITLE 18 * PART I * CHAPTER 44
§ 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.
(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(Bolding mine)
I later found what these exceptions were in that "subsection (d)" remark which I put in bold above:
(d) Subsection (a) shall not apply to—
(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
(Bolding mine)
I then began to carry concealed in the Post office, considering that "other lawful purposes" included self-defense.
At some point along there, amidst several long discussions on several different respected gun boards regarding carry in Post offices, it appeared that another law or regulation had been written (or at least pointed out) which, despite subsection (d) made it illegal anyhow.
So I quit carrying into the Post Office at all, or even parking in their lot to get to my POB on the theory that so many actual attorneys on the gun boards could not come to a consensus on whether it was legal or not, and I did not want to be the test case.
However, of late, I noticed that all signs regarding weapons were removed from my post office. (I do not know if this is in reaction to the Avon Post Office case here in Colorado --see below.)
So now I read in this thread that the signs have to be posted for the law to be effective, and I interpret Tinpig's remarks to mean that carry in Post Offices is legal because the Regulations cannot trump the Law.
Personally, it looks to me like since there always seems to be continuing debate about the issue that the laws and regulations,
taken together are vague or confusing enough to be totally unenforceable on the face of it.
So should I stay on the safe side of the debate and continue to disarm before entering Post Office property or not? Will Lassie get Jimmy out of the well? Will Aunt Jane come to realize that her husband is actually her brother?
Terry, 230RN
REF (The Avon Case. My latest info is as of Nov 2011):
http://www.mountainstateslegal.org/legal_cases.cfm?legalcaseid=231
NOTE 1: Although the original question was with respect to Open Carry, I believe this long-standing question on Concealed Carry in Post Offices is equally relevant.
NOTE 2: My general detached view of all this is that Post Office officials generally don't
want you to carry in their facilities, but there really isn't much they can do about it except huff and puff and make it
sound like you can't. <This is not legal advice, only my own rather acid comment on it all.
