Post office carry part 2!

[Norm357]

In this thread it was asked if it was illegal for a citizen with a ccw to carry a weapon in a post office. There were two negative answers. That is incorrect! Unless you can quote specific federal code that prohibits ccw in a post office (and I have searched and there is none) it is not illegal. This may vary by state of course.

[Norm357]

Here is the current federal code:

Title 18, United State Code, Sec. 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.

<snip>

d. Subsection (a) shall not apply to -

<snip>

3. the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.


So if your not going into the post office to commit a crime, your fine picking up your mail or mailing a package.

Be aware that many states prohibit carry into government buildings so know your local laws and regulations unless you want to become a felon.

[Norm357]

Eh, one last thing and I will STFU. You dont want to be asking a police officer a legal question when it comes to CCW. If you have a question contact your local DAs office. They are the lawyers. (Not a flame to the police officers here of course!) :D

[JR_23]

I carry wherever I go...bank, post office, train station...If you're a Police Officer, and department policy says thou shalt carry if not intoxicated, then you carry.

Good stuff though, I always see that sign in the post office and it makes me wonder...

[Ranger__101]

Norm,

Just as an FYI regarding that secion you quoted. Lawfull purpose, since it in in a Federal Statute it only referes to Federal Laws and Federal Hunting Licenses.

So technically --- They don't have to recognze any state CCW or any state hunting licenses. The only thing they have to recognize is any Federal Laws regarding who can carry firearms or dangerous weapons and it's still open to interpetiatoin as to for what lawfull reason you needed to bring a firearm into a Federal Facility.

So for those with State issued CCW permits it's still pretty clear they are not permitted in Federal Builidings, Military instilation and as you said though, I've still not seen a clear decison on a Post Office (posibally since it's a mix of Private and Government)

[scott715us]

Quite easy in regards to TN. Whether a post officer or any state/county facility/building, if it has the universal prohibited weapons sign on the front door, then it voids your CCW.

[Norm357]

Ranger, with all due respect, the law reads "shall not apply to" and " the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.". The concealed weapons permit makes you lawful. Do a search, I did, and see if you can cite one case where a ccw holder has been prosecuted in court for carrying in a post office.

Scott, see my second post in this thread. :D FWIW those stupid signs carry no legal weight in Georgia. :D

[Nole795]

In this thread it was asked if it was illegal for a citizen with a ccw to carry a weapon in a post office. There were two negative answers. That is incorrect! Unless you can quote specific federal code that prohibits ccw in a post office (and I have searched and there is none) it is not illegal. This may vary by state of course.

Norm,
I was a disappointed at you first because it took you over 4 hours to respond to a gun thread, then I realized it was on a Ask a Cop section. :D

This is my fault, I did not include the other statute, as I had to go to work. As indicated before, you cannot bring a firearm into the Post Office on a CCW. That statute also falls under 39 CFR 232.1 (Conduct on Postal Property) and it states:

(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.

http://ecfr.gpoaccess.gov/cgi/t/text...0.1.4.20.0.1.1

Hope this helps.

[Norm357]

LOL Nole, but notice, once again there is an "out". "except for
official purposes." This is a very vaguely(sp?) written law. Now cite just one case where a legal permit holder was prosecuted in court for CCW? Come on, I dare ya! :D

[Norm357]

Thanks for the link BTW. I have not seen that one before.

[FloridaLEO]

790.06 (12) License to Carry Concealed Weapon or Firearm
Any place of nuisance as defined in s. 823.05

* any police, sheriff, or highway patrol station;
* any detention facility, prison, or jail;
* any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;
* any polling place;
* any meeting of the governing body of a county, public school district, municipality, or special district;
* any meeting of the Legislature or a committee thereof;
* any school, college, or professional athletic event not related to firearms;
* any school administration building;
* any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;
* any elementary or secondary school facility;
* any area vocational-technical center;
* any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile;
* inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or
* any place where the carrying of firearms is prohibited by federal law

[Ranger__101]

I can ony think that the reason there have not been any one who is licensed CCW and has not been arrested for brining a weapon into a post office is 1 of 2 things.

1. They have removed their weapon before entering the post office
2. They have kept their firearm concealed and have not caused any problem to be noticed.

[scott715us]

Ranger, with all due respect, the law reads "shall not apply to" and " the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.". The concealed weapons permit makes you lawful. Do a search, I did, and see if you can cite one case where a ccw holder has been prosecuted in court for carrying in a post office.

Scott, see my second post in this thread. :D FWIW those stupid signs carry no legal weight in Georgia. :D

Maybe not in GA, but TN 39-17-1359 (Carrying where prohibited) is a statute our folks charge and convict people (including CCW holders) on a monthly basis for carrying in our airport.

[Deputy757]

Eh, one last thing and I will STFU. You dont want to be asking a police officer a legal question when it comes to CCW. If you have a question contact your local DAs office. They are the lawyers. (Not a flame to the police officers here of course!) :D

I know what you are saying here but I disagree that you shouldn't ask police officers their opinions, especially if they are officers in the area in question. The DA may know what the law says but the officer is going to know how he/she is going to enforce it (warning, citation, arrest, etc.). Of course, one should always keep in mind that not all officers think alike!

[Ranger__101]

[QUOTE=Norm357]Ranger, with all due respect, the law reads "shall not apply to" and " the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes


One other item with that Federal Law is that is says the "Lawful Carrying of a Firearm" and that basicall says there must be a Federal Law that says you can carry a firearm.

The States CCW does not provide a Lawfull reason in relation to Federal Laws. In the past, it could be construed to mean some one who was shipping a weapon leagally or had other reasons to have a firearm or weaon that dealt with shipping or receiving an item.