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Thread: OPEN CARRY IN POSTOFFICE

  1. #1
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    HERE IS A LETTER FROM A CITIZEN FROM GOLDEN VALLEY,. PLEASE READ,.

    Letter to postal official as follows,.,.,.,





    Dear Mr. Bueno,
    thanks for your support in assisting us in this task.
    This is the point.
    After the latest episodes of Colorado Church shooting and the Mall
    shooting in Nebraska, our community in Mohave County has formed a committee
    to ask to the USPS about our right of carrying a gun in your building.
    We have felt that every time because of our business we are "forced" to
    enter a "GUN Free" zone we get really stressed and we feel violated of
    our civil rights of self defense.
    The case in specific that put me on this task is the USPS as Federal
    Building in Kingman, since USPS has the monopoly of the stamps and we
    must go there.
    There is a sign outside the door that states not guns are allowed.
    At the same time no security is provided.
    We have formed a committee ofalmost 100 residents and we were committed
    to go in front of a judge to sue the USPS for violation of civil
    rights, emotional stress and potential endangerment, becuase of the violation of our right of self defense in the building..
    We have spoke in person with Alan Korwin, author of Arizona Gun Laws
    and Gun laws of America.
    Bottom line he told me that there is no need to sue the feds, since we
    have already the federal law that allow us, regular citizens to carry
    for "(3) the lawful carrying of firearms or other dangerous weapons in a
    Federal facility incident to hunting or other lawful purposes."

    The problem is that if we go inside maybe the local law enforcement or postmaster
    does not know this part of the code, and we are going to end up in front
    of a Judge.
    We are law abiding citizens and we don't want that.
    My idea is to have a press conference with you, with the Mohave County
    Sheriff, the County Public Defender, the County Attorney, the
    Postmaster of Kingman, Chief Devry, and state Senator Ron Gould and the media,
    in Kingman.
    We want to hear that we are allowed to carry as the code says... if
    somebody object put it on the record and we'll go from there.
    thanks again for your cooperation

    best regards
    Luca
    http://www.law.cornell.edu/uscode/ht...0----000-.html

    TITLE 18 > PART I > CHAPTER 44 > § 930

    § 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
    21/2 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.
    purposes.





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  2. #2
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    blues wrote:
    (3) the lawful carrying of firearms or other dangerous weapons in a
    Federal facility incident to hunting or other lawful purposes."
    So perhaps a clarification is needed by Congress as to what constitutes "other lawful purposes". I have read other forums where this same issue was brought up, but I don't recall much of the conversation or where I saw it.

    It should not have to be tested in court that "other lawful purposes" might mean the legal (or non-illegal if your state law is silent to open carry) carry for self-defense.

    Any violation of the law would naturally constitute a violation of the subsection above as well...such as illegal concealment, silencers without a license, brandishing, etc.

    Thoughts?

    FWIW I feel the exact same way. I avoid the post office unless it's absolutely necessary. Here in Vegas, there's lots of shipping type places where you can buy stamps and mail packages. I've OC'd in places like that many times without so much as a comment.

  3. #3
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    Alexandria, Virginia, USA
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    It seems to me that we carry OC/CC with lawful purpose no matter what. Good luck with getting clarification. I have the clarification, it's called the Constitution of the United States followed by the Constitution of (fill in the gold star state).

  4. #4
    Regular Member ATCer's Avatar
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    After reading the title, it would seem rather apparent that it is indeed legal to carry a firearm into a federal building (other than a federal courthouse) incident to hunting (which I wouldn't recomend in a post office) or other lawful purposes. "Other lawful purposes" being self defense. I do believe you would have several legs to stand on if you were indeed stoped for it.

  5. #5
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    ATCer wrote:
    After reading the title, it would seem rather apparent that it is indeed legal to carry a firearm into a federal building (other than a federal courthouse) incident to hunting (which I wouldn't recomend in a post office) or other lawful purposes. "Other lawful purposes" being self defense. I do believe you would have several legs to stand on if you were indeed stoped for it.
    I just don't have the time, money or desire to be arrested so I can have my day in court to challenge it.


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