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Thread: U.S. Postal Service Parking Lot Gun Ban Unconstitutional

  1. #1
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    U.S. Postal Service Parking Lot Gun Ban Unconstitutional

    LINK: http://www.freerepublic.com/focus/f-news/3041657/posts

    IANAL a lawyer, but one of the posters put out some "don't think this pertains to YOU right now" info.

    In his words:

    "This does raise important notes to gun carriers.

    1) The decision was by the US District Court of Colorado. This means it currently just applies in Colorado. When appealed, it will go to the US Court of Appeals for the 10th Circuit. If upheld by the 10th, it will apply in Colorado, Wyoming, Utah, New Mexico, Kansas and Oklahoma (only). Only then might it go to the SCOTUS. But if the USPS does not appeal, it will only apply in Colorado.

    2) Even at such time as the decision exists in your area, typically the only way Post Offices will know will be if their bureaucratic system tells them. Since many gun owners know that even police are often not up to date on gun laws, this means that the Post Offices will not have a clue.

    So if this Post Office regulation is overturned in your area, do not assume they know. So do them a favor and *tell* them of the change. Even if they donít believe you, they will check up on it.

    Think of it as saving some other gun owner(s) hassle from being arrested for having a gun in a Post Office parking area."

    Like I said IANAL a lawyer, but I am thinking a Federal court decision even at the District Court effects ALL like situations in the country ie: a Las Vegas post office parking lot. Anyone a lawyer or have a lawyer on retainer to ask them ?

    NAVYBLUE

  2. #2
    Campaign Veteran MAC702's Avatar
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    I've not heard of it ever being enforced in the parking lot anyway (though it technically applied.) We didn't really win anything. In fact, the point of the case was to win carry in the PO itself, and that was specifically disallowed in the ruling. It hardened the case against us more than it helped us any.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Campaign Veteran skidmark's Avatar
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    I disagree with MAC702's dismal conclusion.

    Differentiating the sensitivity of the parking lot from the sensitivity of the Post Office itself is a first step. It opens the way for challenging the sensitivity of the Post Office on grounds other that it has been a longstanding designation. The assertion that the Earth is flat was a longstanding assertion, as was the one about the sun revolving about the Earth. Over time, with challenges being repeated, they were successfully overturned.

    I abhore the necessity of "baby steps" but sometimes that is all you can take. http://www.brainyquote.com/quotes/qu...chu414116.html

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by skidmark View Post
    I disagree with MAC702's dismal conclusion.

    Differentiating the sensitivity of the parking lot from the sensitivity of the Post Office itself is a first step...
    That's a good point.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by MAC702 View Post
    That's a good point.
    except that, in this case, its an unmanned office ... who is there to protect us? Freaking air molecules, that's it.


    Judge got this 50% wrong.

  6. #6
    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by MAC702 View Post
    I've not heard of it ever being enforced in the parking lot anyway (though it technically applied.) We didn't really win anything. In fact, the point of the case was to win carry in the PO itself, and that was specifically disallowed in the ruling. It hardened the case against us more than it helped us any.
    A small victory is still a victory. Rights have been eroded a little at a time, that's the only way we are likely to get them back. Keep coming after them, surround them, make them scream.

    Even a small victory puts them in a panic. It makes them react and make mistakes. Winners act, losers react.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

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