bushmaster1313
Member
Can you have a gun in your trunk in the Post Office parking lot?
Citations please
Citations please
Is gun in car trunk possesing a gun on Post office property
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docnyt
Member
Too hard to search and post links using iPhone, but from what I recall no guns whatsoever.
The answer is clearly "no" under the current regulations, but these regulations have been challenged: http://www.postalreporternews.net/20...stal-property/
I personally think they will win this, as the postal regulations are inconsistent and overly broad. Those regulations give authority to search a vehicle only when on restricted property not normally accessible to the public.
The prohibition against firearms is exactly the same as the prohibition against pets--if you leave your dog in the car, it is the same exact violation as if you leave a firearm in your car.
Also, the regulations specifically except property that is leased by the post office to others, so if it is one of the branches that shares a parking lot with other businesses, there should be no problem leaving a firearm in the car.
I am not advocating or advising any particular behavior here--just voicing my opinion. And of course, winning your court case may not be a satisfactory outcome for you, considering the time, cost, and life changes involved in the process.
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I personally think they will win this, as the postal regulations are inconsistent and overly broad. Those regulations give authority to search a vehicle only when on restricted property not normally accessible to the public.
The prohibition against firearms is exactly the same as the prohibition against pets--if you leave your dog in the car, it is the same exact violation as if you leave a firearm in your car.
Also, the regulations specifically except property that is leased by the post office to others, so if it is one of the branches that shares a parking lot with other businesses, there should be no problem leaving a firearm in the car.
I am not advocating or advising any particular behavior here--just voicing my opinion. And of course, winning your court case may not be a satisfactory outcome for you, considering the time, cost, and life changes involved in the process.
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As much as I actively avoid going, when I do set foot on USPS property it's after I've parked off-premises and disarmed. Tempting fate with a federal law infraction as a "protest violation" is something I'm not willing to risk. Yes Colonel Sanders, I'm well.. Buk buk buk...
Les
Les
NavyLCDR
member
Bushmaster1313 said:
The answer to your question is depends. If you are in the vehicle, and your gun is in the trunk, then you are in possession of the gun. If you are not in your vehicle, and you gun is in the trunk, then your gun is being stored in the trunk. Since you know where it is and have access to it, you are in constructive possession of it.
None of that really matters too much, because both carrying a firearm and storing a firearm on postal property is a violation of Federal Regulations:
39 CFR 232.1:
http://ecfr.gpoaccess.gov/cgi/t/tex...v8&view=text&node=39:1.0.1.4.21.0.1.1&idno=39
killchain
Member
I would never do something like have a firearm in my car in the post office parking lot.
Oh the humanity!
Oh the humanity!
dogtown tom
Member
How else are you going to mail a gun?
Every week I carry handguns and long guns onto USPS property. I even go inside the building with those guns. Every time it's a handgun I even give them written notice.
How else are you going to mail a gun?
Every week I carry handguns and long guns onto USPS property. I even go inside the building with those guns. Every time it's a handgun I even give them written notice.
How else are you going to mail a gun?
I might have realized I was carrying, just as I walked up to the post office, once. I might have gone in, anyway, seeing as how I've never been searched in a post office, before. But my memory isn't so good on this, and it might have been a dream.
There was this one time I was on the way to the post office when I realized I was being followed by a police car, lights off. I pulled in to the nearest gas station, just a block away from the post office, to see if it was coincidence. Nope. When I parked, 3 police cars converged on me, and one of them blocked me in. A police officer had "made" me at my previous stop. They were polite, and none of them drew a gun, that I could see. Once my CCW was verified, they let me on my way. I'm glad that didn't happen in the post office parking lot. I went straight home to disarm before continuing on to my errand.
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mgkdrgn
Member
Yes it is.
The law just says no guns on the property. It makes no exceptions for guns in a trunk, locked gun case, or picnic basket.
But then ... how many times have you had your car searched at the post office?
The law just says no guns on the property. It makes no exceptions for guns in a trunk, locked gun case, or picnic basket.
But then ... how many times have you had your car searched at the post office?
KBintheSLC
Member
Considering that the USPS does nothing, I repeat, nothing to actually enforce their policy, I find this subject to be a moot point. Posting a piece of paper at the door does not count as enforcement. If they want to actually do something to guarantee that criminals cannot bring guns on the premises, I will pretend to give a darn.
brboyer
Member
It also makes no exception for mailing firearms either, but most of us consider that completely lawful...unless you consider that "for official purposes"...then how is it any different than going in to mail any other package or checking a P.O. Box.
Carne Frio
Member
The easiest way that I have found to stay legal in regard
to use of the Post Office is to park off of their property and
walk a few extra steps.
to use of the Post Office is to park off of their property and
walk a few extra steps.
jimmyraythomason
Member
This. There is a gun in my truck every time I go to the post office and I park right in front.
nwilliams
Member
Yes, the post office parking lot is still USPS property and you can not have any weapons on USPS property whether you are inside the building or outside of it in the parking lot.
If the Post Office you are going to doesn't own the parking lot then you are OK but if it is a designated USPS parking lot then you a breaking Federal law by having your gun in the car there.
http://volokh.com/posts/1215626237.shtml
Of course I'm no lawyer so don't take my word for it, do whatever you want.
If the Post Office you are going to doesn't own the parking lot then you are OK but if it is a designated USPS parking lot then you a breaking Federal law by having your gun in the car there.
http://volokh.com/posts/1215626237.shtml
Of course I'm no lawyer so don't take my word for it, do whatever you want.
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The Post Office I routinely use, is right behind the Las Vegas Strip on a parallel Road.
I often see Open Carry Armed Security personel from various Hotels or other Businesses, or some sort of LEO or Bail Bond or whatever, bringing in Mail or Parcels to send off...and, no one has ever said a peep.
A friend of mine who CCWs, for years, for ever, just CCW's as usual, when going to the Post Office...and, it is no never mind to anyone
I guess, if one OCs, or CCWs or has a Gun in one's Car, or leaves one's CCW or OC piece in the Car, or is on one's way to the Range, then, one has to Park next door or out by the Curb or something.
I certainly hope no problems have occured from regular honest people accidently commiting this sort of infraction.
I often see Open Carry Armed Security personel from various Hotels or other Businesses, or some sort of LEO or Bail Bond or whatever, bringing in Mail or Parcels to send off...and, no one has ever said a peep.
A friend of mine who CCWs, for years, for ever, just CCW's as usual, when going to the Post Office...and, it is no never mind to anyone
I guess, if one OCs, or CCWs or has a Gun in one's Car, or leaves one's CCW or OC piece in the Car, or is on one's way to the Range, then, one has to Park next door or out by the Curb or something.
I certainly hope no problems have occured from regular honest people accidently commiting this sort of infraction.
bushmaster1313
Member
I was at a hearing in Federal Court (I am a lawyer) and one of the other cases was about a postal employee who got fired because his wife got mad at him and she tipped off the postal police that he was carrying a licensed handgun in his car in the post-office parking lot. Bummer.
My question was specifically directed at an unloaded long gun in a trunk in the parking lot. I will not do it, even if I have to mail a letter on the way to the range, but it seems that it should be legal. Similar to driving through a gun free school zone on the way to the range.
P.S., there is a famous case in NJ where someone's wife or ex-wife got mad at him and tipped off the police that he had an evil assault weapon.
My question was specifically directed at an unloaded long gun in a trunk in the parking lot. I will not do it, even if I have to mail a letter on the way to the range, but it seems that it should be legal. Similar to driving through a gun free school zone on the way to the range.
P.S., there is a famous case in NJ where someone's wife or ex-wife got mad at him and tipped off the police that he had an evil assault weapon.
Art Eatman
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