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Can Feds bar handguns on all Post Office Property?

Discussion in 'Legal' started by bushmaster1313, Jun 10, 2012.

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  1. dev_null

    dev_null Member

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    Yes, in the same sense that WE have decided we won't be allowed to carry on it.

    But the parking lot ban has me wondering... So you're out running errands and decide to go by the PO to get some stamps/mail a package/check your POB/whatever. Are you supposed to pull over in the parking lot of the Wendy's down the street, get out and lock your weapon in the trunk in full sight (and isn't that brandishing if someone flips out over it?), then go to the PO, and then reverse the steps afterwards?
     
  2. bushmaster1313

    bushmaster1313 Member

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    No ban does not mean it is a protected right
     
  3. bushmaster1313

    bushmaster1313 Member

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    No ban does not mean it is a protected right

    The best case to test whether the right to bear armsis a protected right is a case where the state is exercising discretion over who has a need to exercise that right.
     
  4. csspecs

    csspecs Member

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    Heck I'd settle for being allowed to carry after business hours. I'm always dropping something off in the drop box after closing, would be nice to legally carry to make a drop off. It is in a less than stellar area of town.

    My local post office shares a parking lot with 20 other stores, I doubt their rules would be enforced within the parking lot since they don't own it.
     
  5. NavyLCDR

    NavyLCDR member

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    Yes, that is what you are supposed to do, if you want to comply with Federal regulations. Whether or not it is brandishing if someone flips out over it depends upon state law. In Washington it is NOT unlawful display of a firearm just because someone becomes terrified and in fear for their life at the sight of your gun.
     
  6. zxcvbob

    zxcvbob Member

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    If the postal service rents space at your local strip mall, the parking lot ban doesn't apply (constitutional or not.) If the post office is in the general store, or in my case at the pharmacy desk of the local Hallmark store and drugstore, none of it applies. (I still wouldn't open-carry while buying stamps or mailing a package at the counter)

    The parking lot ban at real post offices is clearly wrong, but I'm not willing to be the testcase because I have other options.
     
  7. armygreen

    armygreen Member

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    i don't understand about the vehicle part though,

    inside your vehicle in KY has so far shown to be = your personal private area.

    here's how it's played out in my state:
    KY supreme court has determined you have a right to carry a gun in your car and no employer can fire you for it, and you aren't violating any law by doing it.

    goes without saying they mean those already legal to own and carry.

    and what i don't yet know is, if it said only concealed; ie: they may not have addressed rifles in a visible gun rack in a pickup truck. <--but this is one i don't care about personally, if it has to be concealed that's fine by me,

    all that matters to me is i can have a gun for my safety during my commute to work and back.

    so 2 things i don't yet understand:

    - why can't a postal employee have a gun in their car and go to work.
    fwiw the po's in my town and neighboring Lexington all seem to have fenced-in employee parking lots, if that's any factor.

    - why wouldn't any citizen be allowed to have their carry gun in their car, leave it in the car and go into po, etc. But what i've read thus far, this is not allowed per fed law. Note, what i said above is KY law so i don't know if the fed situation trumps it.

    in a fairly recent court case, univ-ky has(had?) an employee rule you cannot have any gun on campus even in your car; they fired an employee, he took it to court, the first judge went against him and he lost, it went to KY supreme court and they overturned and this person was exonerated. I don't know if they were given their job back or even wanted it, but the rule was clear: UK employees can keep a gun in their car. many of them commute a long distance too, it's not fun to have flat on the highway and be defenseless.

    anyhoo as long as i have an alternative i'm not as concerned on this issue;
    i can park adjacent and walk, not a huge deal. i will have to study up on knife carry, as i do carry blades as backup weapons, and the p.o. in lexington is infact in a crappy area. ...put on a tool belt with a hammer in it? :)
     
  8. zxcvbob

    zxcvbob Member

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    It has been tested for a postal employee, but I'm not sure if it was in a state with a "cannot restrict employees' lawful guns in the parking lot" law. I don't think there's been a test case for a USPS *customer* with a gun in the parking lot. That's not one of the hills I'm willing to die on, sorry (I'm chicken)
     
  9. Frank Ettin

    Frank Ettin Moderator Staff Member

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    The ruling was based on several specific Kentucky statutes (KRS § 527.020(4), § 527.020(8) and § 237.115(1)). If the Kentucky legislature had not enacted laws specifically prohibiting an employer from firing an employee for having a legal gun in his locked car on company premises, the result would probably be different.

    A few other States (like Oklahoma, Florida and Utah) have such statutes. But it is not the rule.
     
  10. bushmaster1313

    bushmaster1313 Member

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    But the FEDS could still get you for carrying on Post Office property under the current set of laws
     
  11. bikemutt

    bikemutt Member

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    That's more or less what I do. I park on the street, disarm, place it under my seat, lock vehicle, complete PO business, unlock vehicle, retrieve handgun, re-arm, done.

    Yeah, it's a pain but so is jail I'm told :(
     
  12. bushmaster1313

    bushmaster1313 Member

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    Depends on your cell mate
     
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