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post office

H

Hillmann

Regular Member
Joined
Jun 30, 2009
Messages
271
Location
Cameron, Wisconsin, USA
imported post

Are post offices owned or leased by the state or are they federal buildings?
941.235 Carrying firearm in public building. [font=Calibri,Calibri](1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor. Useful statutes: 44.51(2) and 20.001(1). [/font]

[font=Calibri,Calibri][/font]

[font=Calibri,Calibri]Just wondering if wisconsin law or fedral law applys to them. Because fedral law and Wisconsin law have diffrent deffinitions of what is a firearm whith wisconsin being more restrictive.
[/font]
 
Decoligny

Decoligny

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1,865
Location
Rosamond, California, USA
imported post

Are they named "The Wisconson Postal Service" or "The United States Postal Service"?

They are Federal Property, including the parking lot for most of them.

They are covered by the Code of Federal Regulations 232.1 (I)

(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.
 
H

Hillmann

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271
Location
Cameron, Wisconsin, USA
imported post

my thought was that the fed dosent included antieque and C&R as as fire arms ( A muzzleloader, even one that was made today is concidered an antieque) And also you can mail order subsitute black powder without problems and actual black powder with a $27 fee added to the shipping costs. So it may be legal to open carry a muzzleloader in a post office and not be doing anything illegal. Although a cap and ball revolover would probly not fall into the antique catagory.



I just want to point out that this is all just my random thoughts and I havent looked into any of the laws that would be relevent to this idea.
 
lockman

lockman

State Researcher
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Aug 19, 2006
Messages
1,193
Location
Elgin, Illinois, USA
imported post

The prohibition of other "dangerous" weapons would still apply.

The definition of "official" is up in the air. The code refers to "official purposes" but uses the term official by itself and in conjunction with "government" and "postal".

In other areas of the code it specifically refers to "official government" and "official postal". A full reading would leave one to believe "official" has a meaning not necessarily connected to government purposes.

So what does "official" really mean?

Am I covered openly carrying into the post office to mail a certified letter for "official Lockman family business"? Or to pick up my company mail in my "official" capacity as Secretary/Treasurer?
 
D

Doug Huffman

Banned
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Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
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There is another citation to the USC covering weapons in a PO that IIRC refers to 'lawful purposes'. This is the citation that I recall being posted at the entrances to POs in SC.

18 USC 930

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.

[ ... ]
(d) Subsection (a) shall not apply to--
[ ... ]
(3) the lawful carrying of firearms or other dangerous weapons 
in a Federal facility incident to hunting or other lawful purposes.
 
lockman

lockman

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Location
Elgin, Illinois, USA
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18 USC 930 would not apply if the gun is carried for lawful purposes, which self defense certainly applies as lawful. It is the CFR regulations that are more ambiguous and most likely to get you a summons.



I can’t fathom self defense not being a lawful purpose considering “hunting” is classified as lawful. If the state issues a specific grant of privilege for self defense I would certainly conclude that would preclude any prosecution under 18 USC 930.



39 CFR is another question but that is not a felony, yet.
 
lockman

lockman

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Location
Elgin, Illinois, USA
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I was referring to the "official" clause in the prohibition of weapons on postal property contained within that portion of the CFR.

I believe the difference is that "USC" is law passed by Congress. "CFR" is law that passes because Congress fails to stop it from becoming law. In a nutshell that is the way it was explained to me.
 
D

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
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Who will tell you what the government wants you to hear and what he wants you to believe. It is not a crime to speak in error to a citizen. It is not a crime to lie to a citizen.

On the law you should believe only your attorney and that you have paid for his services and then his effort is proportional only to how much you paid him.

Believe nothing that you read or hear without verifying it yourself unless it fits your preexisting worldview.
 
N

Nutczak

Regular Member
Joined
Dec 2, 2008
Messages
2,165
Location
The Northwoods, lakeland area, Wisconsin, USA
imported post

Doesn't the US post office fit the definition of "Public building" or "government building".

I thought WI law as pretty clear that any building that is leased, owned or occupied by any govt. entity or political party was off-limits to firearm possession.

or is itbecuase it is a federally operated facility that makes the WI laws not apply??
 
G

Glockface

Regular Member
Joined
May 29, 2009
Messages
97
Location
, ,
imported post

No postal carriers can't carry!:uhoh:I work for the usps in milwaukee 53222 and asked my boss about the open carry issue and he said NO guns! My boss has more guns than i do!
 
P

pvtschultz

Campaign Veteran
Joined
Apr 22, 2009
Messages
299
Location
West Allis, WI, ,
imported post

Either way, my PO has a sign on the door glass stating no weapons. They are not a private business though...After all, I am a part owner. :p
 
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