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Thread: Man's conviction for gun in car on Post Office property upheld

  1. #1
    Centurion
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    Get it straight from the source: http://www.ca5.uscourts.gov/opinions...1197.0.wpd.pdf

    The states served by this circuit are Texas, Louisiana, and Mississippi. He was convicted for violating 39 C.F.R. § 232.1(l). CFR is the Code of Federal Regulations -- the rules promulgated under a statute but not the statute itself.This is precedent, at least for limited purposes (see the footnote on page 1 ofthe opinion).

    It appears that he was an employee who had a gun in his vehicle parked on Postal Service property.

    The penalty wasn't addressed but it appears that the penalty is a fine of not more than $50 or more than 30 days in jail (!). See http://edocket.access.gpo.gov/cfr_20...39cfr232.1.pdf



  2. #2
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    So the way I read it, if the state in question were to have a law confirming that the car is an extension of one's personal property and the contents therefore not subject to an employer's regulation, and if the car were parked in the public area of the Post Office rather than the mail loading area, he would be ok.

    It seems to confirm that the Post Office is in fact a private entity that happens to conduct government business and the areas in which that business is conducted are therefore considered "special".

  3. #3

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    "47.5.4 Unpublished Opinions Issued on or After January 1, 1996*. Unpublished opinions issued on or after January 1, 1996*, are not precedent, except under the doctrine of res judicata, collateral estoppel or law of the case (or similarly to show double jeopardy,notice, sanctionable conduct, entitlement to attorney's fees, or the like)."



    So the only way this establishes a "precedent" is ina dispute between the United States and the unfortunate defendant in this case.

  4. #4
    Regular Member KansasMustang's Avatar
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    Donkey please change the color of that font, can't see a thing you wrote. Not that it isn't leftist BS, just can't see it.
    Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Thomas Jefferson

  5. #5
    Regular Member paramedic70002's Avatar
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    And increase the font size for us who are optically challenged...
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  6. #6
    Regular Member sudden valley gunner's Avatar
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    paramedic70002 wrote:
    And increase the font size for us who are optically challenged...

    ...can't zero in? LOL...

    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  7. #7

  8. #8
    Campaign Veteran Bookman's Avatar
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    paramedic70002 wrote:
    And increase the font size for us who are optically challenged...
    Try holding down the Ctrl key while using the scroll wheel on your mouse.
    "All that is required for evil to prevail is for good men to do nothing." - Edmund Burke


    "I like people who stand on the Constitution... unless they're using it to wipe their feet." - Jon E Hutcherson

  9. #9

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    KansasMustang wrote:
    Donkey please change the color of that font, can't see a thing you wrote. Not that it isn't leftist BS, just can't see it.
    Sorry. Copied the lime color from the 5th Cir. website. Changing now.

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