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Thread: Challenge to gun ban on postal service property

  1. #1
    State Researcher Bill Starks's Avatar
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    Dec 2007
    Nortonville, KY, USA

    Challenge to gun ban on postal service property

    “Attorney Jim Manley and the Mountain States Legal Foundation are taking on the US Postal Service’s ban on any firearm on USPS property. The challenge is on behalf of Debbie and Tab Bonidy of Avon, Colorado …. The Bonidys live in a rural area of Colorado that doesn’t have home mail delivery. Because of that, the local post office in Avon, Colorado provides the residents of the area with a post office box at no charge. While they both have Colorado concealed carry permits and regularly carry, the Bonidys cannot carry concealed or openly when picking up their mail. They even can’t leave their firearms locked in their car as this would violate 39 C.F.R. § 232.1(l).” (10/06/10)

  2. #2
    Campaign Veteran since9's Avatar
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    Jan 2010
    Colorado Springs, Colorado, USA
    Would you please provide a link to 39 C.F.R. § 232.1(l)?


    Oops! Nevermind - here it is.

    (b)(2) reads like unreasonable search and seizure to me.

    As for (l), it's clearly Unconstitituional, commensurate with recent SCOTUS rulings with respect to right to carry in D.C. and Chicago.

    Let's boil it down to this: I can carry at the supermarket, Burger King, National Forest land, but not at my local Post Office? This doesn't pass the 3-year-old common sense test, much less an adult sanity test.

    It reads, however, like some Brady-type attempted to distance postal employees from the bad effects of guns commensurate with the GFZ movement, as has been so wonderfully demonstrated in it's effectiveness at Virginia Tech and Ft. Hood (not to mention all other military installations, and most colleges and universities, which is WHY those who've flipped their lid continue targeting such GFZ's...)


    Will the Brady-ests EVER *get it?*

    I think not.The best approach to overcoming their mindless rhetoric which holds facts in suspense is to VOTE. I'm sorry, folks, but please! GET UP! Get off your duff and elect representatives at your local, state, and federal levels who support our Constitution in the way in which it was written, but also commensurate with the Amendments our lawfully-elected government has enacted.

    Most of us here know what constitutes a good and strong government. It's our principled foundation, not any propensity to throw our power all over the world at the slightest drop of a hat.

    The USPS deserves no special exception. We, The People, deserve to preserve our 2A right to keep and bear arms wherever we go, whether on our own street corner or retrieving our mail.

    Here's an interesting side note, one which bears mentioning, as it happened yesterday!

    I was OC, emptied my mailbox, and noticed a letter addressed to my address, but with someone else's name. I moved towards my apartment complex office, then noticed the USPS truck parked in front and took it to my mail carrier. He and I talked about the letter as well as several others errantly delivered to my mailbox, all the while I'm OC, and he's well aware of it, with me standing two feet from his truck.


    He didn't care. I didn't care. As a postal carrier, I'll bet he comes across OCers every day. In fact, I asked him that, and he confirmed it, not only for him, but also for the other postal carriers. We're not a prevalent lot, but we're out there. Our postal carriers realize it, and guess what?

    THEY DON'T CARE. Hell, many of them are former/retired military and carry off-duty themselves.

    So WHY are we prohibited by Unconstitutional legislation which wrong restricts our 2A rights at the Post Office just because some anti-gun nut pushes a piece of legislation through Congress years ago?


    When are our government legislators going to realize
    The 1st protects the 2nd, and the 2nd protects the 1st. GET THIS OR LOSE IT ALLl: 27-2=0. Our 2A is THE bellwether, and ain't none finer: Islamic Reality. Our Founding Fathers on Church and State. PC=ZERO.

  3. #3
    Regular Member California Right To Carry's Avatar
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    Dec 2013
    United States

    Thumbs up The audio to the Oral Arguments to Bonidy is here.

    A non-party to the appeal filed a motion to release the oral arguments which was granted yesterday. I sent him an email asking for a copy which he forwarded to me this afternoon.

    I've added the oral arguments in the Bonidy case to my collection of Second Amendment oral arguments maintained at my website.

    You can find the audio to the Bonidy Oral arguments under the October 21, 2014 Update by clicking here.

    By the way, this is an as-applied challenge limited to one post office. The Court of Appeals may or may not weigh in as to whether or not it believes the "regulation" is facially invalid.

    Also, Bonidy backtracked on Open Carry. He argued that concealed carry inside of the post office was appropriate and did not even argue for Open Carry in the post office parking lot.

    10th Circuit court watchers should know by now that this could be fatal to Bonidy's cross-appeal.
    Concealed carry is of no use to me, I don't carry a purse.

    Charles Nichols – President of California Right To Carry

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