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Post Office carry
- Thread starter 2A_Tom
- Start date
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If I am caught with firearm at post office, I will tell them I plan on mailing it. I will grab box that is provided and purchase packaging. At that point, place it in the box insure it for twice the value, and then mail it to myself.
God bless America.
Oh, it is federal offence if anyone tampers with the package. It would be an illegal search. You could fight it in court. They would have to throw out the case.
That might work if the firearm was unloaded.
I think you also have to have a FFL.
The pertinent section of the law is:
18 U.S.C. § 930 : US Code - Section 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.
(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.
(e)(1) Except as provided in paragraph (2), whoever knowingly
possesses or causes to be present a firearm in a Federal court
facility, or attempts to do so, shall be fined under this title,
imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described
in paragraph (1) or (2) of subsection (d).
(f) Nothing in this section limits the power of a court of the
United States to punish for contempt or to promulgate rules or
orders regulating, restricting, or prohibiting the possession of
weapons within any building housing such court or any of its
proceedings, or upon any grounds appurtenant to such building.
(g) As used in this section:
(1) The term "Federal facility" means a building or part
thereof owned or leased by the Federal Government, where Federal
employees are regularly present for the purpose of performing
their official duties.
(2) The term "dangerous weapon" means a weapon, device,
instrument, material, or substance, animate or inanimate, that is
used for, or is readily capable of, causing death or serious
bodily injury, except that such term does not include a pocket
knife with a blade of less than 2 1/2 inches in length.
(3) The term "Federal court facility" means the courtroom,
judges' chambers, witness rooms, jury deliberation rooms,
attorney conference rooms, prisoner holding cells, offices of the
court clerks, the United States attorney, and the United States
marshal, probation and parole offices, and adjoining corridors of
any court of the United States.
(h) Notice of the provisions of subsections (a) and (b) shall be
posted conspicuously at each public entrance to each Federal
facility, and notice of subsection (e) shall be posted
conspicuously at each public entrance to each Federal court
facility, and no person shall be convicted of an offense under
subsection (a) or (e) with respect to a Federal facility if such
notice is not so posted at such facility, unless such person had
actual notice of subsection (a) or (e), as the case may be.
What's posted at the PO is very selective from this section. The part in red could easily be interpreted to include carrying legally with a license to carry, as self defense is a lawful purpose. I don't plan to be a test case, but one of these days perhaps someone should test this.
18 U.S.C. § 930 : US Code - Section 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.
(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.
(e)(1) Except as provided in paragraph (2), whoever knowingly
possesses or causes to be present a firearm in a Federal court
facility, or attempts to do so, shall be fined under this title,
imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described
in paragraph (1) or (2) of subsection (d).
(f) Nothing in this section limits the power of a court of the
United States to punish for contempt or to promulgate rules or
orders regulating, restricting, or prohibiting the possession of
weapons within any building housing such court or any of its
proceedings, or upon any grounds appurtenant to such building.
(g) As used in this section:
(1) The term "Federal facility" means a building or part
thereof owned or leased by the Federal Government, where Federal
employees are regularly present for the purpose of performing
their official duties.
(2) The term "dangerous weapon" means a weapon, device,
instrument, material, or substance, animate or inanimate, that is
used for, or is readily capable of, causing death or serious
bodily injury, except that such term does not include a pocket
knife with a blade of less than 2 1/2 inches in length.
(3) The term "Federal court facility" means the courtroom,
judges' chambers, witness rooms, jury deliberation rooms,
attorney conference rooms, prisoner holding cells, offices of the
court clerks, the United States attorney, and the United States
marshal, probation and parole offices, and adjoining corridors of
any court of the United States.
(h) Notice of the provisions of subsections (a) and (b) shall be
posted conspicuously at each public entrance to each Federal
facility, and notice of subsection (e) shall be posted
conspicuously at each public entrance to each Federal court
facility, and no person shall be convicted of an offense under
subsection (a) or (e) with respect to a Federal facility if such
notice is not so posted at such facility, unless such person had
actual notice of subsection (a) or (e), as the case may be.
What's posted at the PO is very selective from this section. The part in red could easily be interpreted to include carrying legally with a license to carry, as self defense is a lawful purpose. I don't plan to be a test case, but one of these days perhaps someone should test this.
That's actually the crux of the enormous controversy surrounding this issue, along with the several differing statutes and regulations, some of which arguably have the force of law, that could turn the decision either way.
The bottom line is that no one wants to be the test case, though as I think someone mentioned upthread, there is such a case ongoing now.
Blessings,
Bill
Bill, someone with financial background should start a trust fund to pay the legal fees.
If the fund were to get big enough, the fund manager could lose the money and say he has no idea where they went. Why should liberral anti's get rich and not the good gun folks.
If the fund were to get big enough, the fund manager could lose the money and say he has no idea where they went. Why should liberral anti's get rich and not the good gun folks.
no, you can NOT.
Federal Law requires that all modern firearms be shipped to a holder of a valid Federal Firearms License (FFL) only. The recipient must have an FFL; however the sender is not required to have one. Any person who is legally allowed to own a firearm is legally allowed to ship it to an FFL holder for any legal purpose (including sale or resale). All handguns excluded and shall not be shipped through the post office.
There are a couple of exceptions to Rule #2...Not possible. Rule #2 clearly specifies you never point at anything you don't want to destroy, and there's nowhere in there that is a safe direction.
We have even made a couple of terms up just for such events, Acceptable Losses and Collateral Damage are the first 2 that come to my mind...
Now here is my question....
On the 12th of August 1970 President Nixon signed Legislation (Postal Reorganization Act of 1970) that replaced the Cabinet Level Post Office Department with the Independent United States Postal Service.
So how are they a Federal entity today?!
Also how are buildings that are NOT owned by the Federal Government but by the USPS (An Independent Corporation) considered Federal Buildings?!
On the 12th of August 1970 President Nixon signed Legislation (Postal Reorganization Act of 1970) that replaced the Cabinet Level Post Office Department with the Independent United States Postal Service.
So how are they a Federal entity today?!
Also how are buildings that are NOT owned by the Federal Government but by the USPS (An Independent Corporation) considered Federal Buildings?!
There are a couple of exceptions to Rule #2...
We have even made a couple of terms up just for such events, Acceptable Losses and Collateral Damage are the first 2 that come to my mind...
Would removing the possibility of your own birth be an Acceptable Loss? If so, would your own birth being prevented make you into Collateral Damage?
Not to mention, HOW is the little booger going to get eyepro and earpro that will fit him or her in there, let alone the pistol with a heavier trigger than s/he will be able to squeeze?
Depends what are the stakes that make the necessity?!
Not sure, that or it could be an acceptable loss...If so, would your own birth being prevented make you into Collateral Damage?
Could also fall under the Preventing the Birth of Evil area as well...
Without knowing the reasons for the action it is hard to place...
As far as the Eyepro/Earproo thing, I am taking it to be some type of Immediate Action type of Event...Not to mention, HOW is the little booger going to get eyepro and earpro that will fit him or her in there, let alone the pistol with a heavier trigger than s/he will be able to squeeze?
Right, but you can send it to him via USPS.
The OP was about this case.
I might occasionally forget to ungun when going into the post office.
If I'm on the bike, there is no where to responsibly stow the gun.Members on INGO occasionally do those OC marches "for our rights."
Wonder why no one seems to step up and do one to truly promote a worthy cause such as this one?I have OC'd into my Local Post Offices for years with never a problem or a cross word from any of the Postal Employees...The OP was about this case.
I might occasionally forget to ungun when going into the post office.
Members on INGO occasionally do those OC marches "for our rights."
rugertoter
Master
Too bad there are those out there who will get their CC permits, but go no further to see what the particulars are in carrying their roscoes!
Yeah, and which penguin wants to be first in the water to see whether there's a sea lion around?The OP was about this case.
I might occasionally forget to ungun when going into the post office.
Members on INGO occasionally do those OC marches "for our rights."
"After you."
"No, you first, I insist."
I have OC'd into my Local Post Offices for years with never a problem or a cross word from any of the Postal Employees...
I dont even know if the postal employees know it's illegal.
Maybe they know but there is nobody to enforce the law, or nobody wants to enforce it anyway because, maybe they know it's one silly law (like most gun laws), that you should have the right to protect yourself anywhere, and that a sign or a law wont prevent bad guys from going armed in a post office and shooting everybody.
Im glad you never got in trouble for that.
The most important thing is that you should always know the law, then you are free to follow it or not.
I just think that many of us will wait for the law to change before risking carrying in a post office.
Even if the law is rarely or never enforced you dont want to bet on that.
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