Ruling regarding carry in PO parking lot

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  • Car Ramrod

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    I never knew this was an issue, and have seen it discussed before where it was said that the Post Office is a private entity, not federal property, and not off limits to carrying of a firearm.

    Please cite sources and correct me if I'm wrong.
     

    ryknoll3

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    §232.1(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.

    Also see United States v Dorosan, where a postal employee was arrested, fired and convicted under §232.1(l) for storing a firearm in his car on post office property. The 4th Circuit Court of Appeals upheld his conviction.
     

    Car Ramrod

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    §232.1(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.

    Also see United States v Dorosan, where a postal employee was arrested, fired and convicted under §232.1(l) for storing a firearm in his car on post office property. The 4th Circuit Court of Appeals upheld his conviction.
    Do you have a link for where you got that excerpt?

    Also, he is an employee.
     

    GCA321321

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    "Post office is Federal property. Indiana's law does not apply. The airport would depend on if it falls under Federal law regarding employees and firearms. Should be OK otherwise"
    Sort of...Indiana law most certainly does apply. As does federal law. A state law cannot directly conflict with federal law or it is void. Where state law chooses to be silent (aka not make a law against something where it is still prohibited by federal law- think CO marijuana laws), federal agents can still uphold federal law. So it has nothing to do with an airport being federal jurisdiction or "federal property." All of the US is under federal jurisdiction and subject to federal laws (enforceable by federal agents and not state/local police of there is no state or local law mirroring the federal law) regardless of state laws or lack there of.
     
    Last edited:

    ryknoll3

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    Do you have a link for where you got that excerpt?

    Also, he is an employee.

    Dude, I posted the CFR chapter and section. Google is your friend...

    Doesn't matter if he was an employee. The Federal Code does not differentiate between employees and civilians and he was charged under the same code that would apply to you or I.


    Since you can't do a web search, here's the link. It's halfway down the page under (l)

    Conduct on postal property.

    ... and here's the ruling in the court case.

    http://www.handgunlaw.us/documents/USCtofAppealsPostOfficeCarry.pdf
     

    ryknoll3

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    "Post office is Federal property. Indiana's law does not apply. The airport would depend on if it falls under Federal law regarding employees and firearms. Should be OK otherwise"

    Sort of...Indiana law most certainly does apply. As does federal law. A state law cannot directly conflict with federal law or it is void. Where state law chooses to be silent (aka not make a law against something where it is still prohibited by federal law- think CO marijuana laws), federal agents can still uphold federal law. So it has nothing to do with an airport being federal jurisdiction or "federal property." All of the US is under federal jurisdiction and subject to federal laws (enforceable by federal agents and not state/local police of there is no state or local law mirroring the federal law) regardless of state laws or lack there of.

    I mean that Indiana's parking lot law does not apply if there is overriding Federal jurisdiction. Employees of most businesses in Indiana are allowed by Indiana law to store guns in their car on employer property while at work. This does NOT apply to the USPS because there is an overriding Federal regulation. I was just stating that I wasn't sure if there was something in the Federal regs governing airports and air travel that prohibited employees from having firearms on airport property. I don't know if this is the case.
     

    Dirtebiker

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    Except for the three dozen TSA cameras recording you in high definition 5-dimension digital data streams, recorded for ever in Utah.

    Thats fine, I don't have a problem being recorded in public, doing something completely legal!

    Read Indiana code. You can carry in the areas not subject to being screened before you enter. You can walk someone up to the TSA check station, tell them goodbye and walk away, all the while being legal.

    And why do I need to read I.C.?
     

    remauto1187

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    I mean that Indiana's parking lot law does not apply if there is overriding Federal jurisdiction. Employees of most businesses in Indiana are allowed by Indiana law to store guns in their car on employer property while at work. This does NOT apply to the USPS because there is an overriding Federal regulation. I was just stating that I wasn't sure if there was something in the Federal regs governing airports and air travel that prohibited employees from having firearms on airport property. I don't know if this is the case.

    Airports are NOT Federally owned. They are usually either state/municipal/county or even Park District. So the parking lot would NOT be Federal Property. The control tower could be Federal (FAA) and there could be an FAA office within the airport terminal or tower but even then the parking lots is NOT Federal.
     

    jedi

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    Some of you actualy parked on the street before ? Wow. Not bashing you but i wouldnt hae ever thought to go that far. Not carrying inside, ok. But parking on the street, no. If that has been against the law (having it in your car), i didnt know it but honestly who is gonna get into your car to even find a gun? No one is searching my car nor would they have the suspicion to.
    not trying to argue it juat seems like taking things to the extreme. If they wanna theow me in jail (if caught) wit carrying in a damn parking lot then i guess it would be worth a fight. Glad someone stood up all the way and the verdict was on our side.

    TSA is not yet searching your car when you go to the post office but give them a few years and they will be.
    https://www.indianagunowners.com/fo...-now-searches-inside-parked-cars-airport.html
    tsa chighway checkpoints - Google Search=
     

    Jimb

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    I think an airport has to be a port of entry to be considered federal......and that should only encompass the customs portion of the building. ie.-the wikilieaks dude in Russia.
     
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