Hello everyone. I am curious if anyone knows if you can LEGALLY carry in a post office. I am located in Rhode Island and I called the ATF and they instructed me that the laws are based upon each state. I spoke to my local AG's office and State Police and no one could give me an exact answer, plus I would like to see that law so that I can site it if I should have a problem. Any help is much appreciated.
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Post Office???
- Thread starter Campo6245
- Start date
Freightdog
Regular Member
And yet, you are allowed to ship guns through the mail. I guess that counts as "official purposes".
That is not "carrying" and is subject to other laws/rules.
The Post Office ban on guns for the public has been the subject of much scrutiny and debate as was the NPS rule - now changed.
Likely could be settled by someone having "standing" i.e. arrested for violation. Any volunteers?
MKEgal
Regular Member
As replied in the other thread:
Isn't mailing a letter or buying postage an official purpose of the PO?
Where do they define "official purpose"?
I'm not eager to be a test case, but if they don't define their terms the law is useless.
Actually, we all know the law is useless anyway, since it doesn't stop criminals from coming in armed to commit various crimes. And unless they have metal detectors (they don't) there's no way to stop someone from carrying concealed, or in a case, or a purse.
If what they meant to say was "except for employees of governmental units or agencies while performing their official duties" why didn't they actually say that?
NavyLT said:
Isn't mailing a letter or buying postage an official purpose of the PO?
Where do they define "official purpose"?
I'm not eager to be a test case, but if they don't define their terms the law is useless.
Actually, we all know the law is useless anyway, since it doesn't stop criminals from coming in armed to commit various crimes. And unless they have metal detectors (they don't) there's no way to stop someone from carrying concealed, or in a case, or a purse.
If what they meant to say was "except for employees of governmental units or agencies while performing their official duties" why didn't they actually say that?
eye95
Well-known member
"Official purposes" will be interpreted by the courts as purposes that defined for officials of the government.
The root word of "official" is office (not the room or building, but the person). Other literal ways to say "official purposes" include "purposes of the official" and "purposes of the holder of the office."
Let's don't worry about the wording and trying to find a way around it. Let's get rid of the provision. The problem is not in how the regulation is worded or what it might mean, but the mere presence of such a restriction on our rights.
The root word of "official" is office (not the room or building, but the person). Other literal ways to say "official purposes" include "purposes of the official" and "purposes of the holder of the office."
Let's don't worry about the wording and trying to find a way around it. Let's get rid of the provision. The problem is not in how the regulation is worded or what it might mean, but the mere presence of such a restriction on our rights.
cyras21
Regular Member
Anyone know if the NRA has filed a suit over Postal Carry? I don't understand why someone needs to go to jail in order for action to be taken.
I don't understand why they aren't suits filled throughout the US challenging various laws such as 1000ft from school property and States not allowing open carry.
The NRA has visibly NOT supported/promoted OC.
To not understand why there have not been suits filed re PO and GFSZ is to not understand the rule of law pertaining to such action. Criminally one must have standing. Civilly one must have injury/loss. Then one must have money, lots of it and to have any meaning it needs to get to an appellant court (a court of record) to apply to others - even that is of limited benefit unless it were to go to SCOTUS. IANAL
It can be more efficient and productive to work to change the laws where the legal tender is your vote. These things didn't happen over night and no way will past trends be reversed by wishing them away.
I am a private detective, and I am curious if that counts as me being an official or on official business. I have walked into post offices looking for information on individuals. So I am "on the job" while in the post office. I really wish I could get an FBI agent to come to my house with a book and a highlighter one of these days, and a signed contract stating that if he is wrong I will not be prosecuted. I am not being unreasonable right? LOL
eye95
Well-known member
IANAL.
But, I'd say that you are not an "official" and cannot be on "official" business. By "official," I am sure the law means a government office holder.
You are absolutely correct to speculate. I too would "assume" it means that. I know a bounty hunter, however, that told me he can go into the post office anytime he wants because he would go and update wanted posters. Of course, he never quoted me a law. Just like open carry in RI. It is illegal UNLESS you have an AG permit. You will be surprised at how many people out there do not know this. I know someone who told me that I should cover up my piece when I walked into his office. He said to be careful, but when I pulled the highlighted page from the law book out, he made a copy of it and said, "WOW, I didn't know that." I really feel that we should find out the laws for sure and have them interupted correctly because it seems like if you look 9 places you get 10 answers. I spoke with the FBI office today and they told me the same at the BATF, "It is up to a state to individually make laws pertaining to postal office carry." The post office told me to ask the BATF. :banghead::banghead:
How is there denial of your rights if you are sitting in your living room and decide you don't like a law?
When you walk outside and go for a stroll, have no interaction with anyone, have your rights been violated?
On the other hand with the same scenario, you are stopped, checked out and delayed in continuing your journey for two hours because you wore a loud, offensive Hawaiian Shirt, you might be well on your way to having standing.
Excellent point - I appreciate the reminder.
See that I need to keep an open mind and do more research before opening my yap.
ak56
Campaign Veteran
protect our rights
Regular Member
Hopefully this goes through. One less "victim zone". Can't wait until the day that we have our full 2nd Amendment rights retored and there are no "victim zones" left.
Beau
Regular Member
I still contend that carry for self defense constitutes an official purpose. Has anyone found a list of official purposes yet?
I would anticipate that deciding "official" would be in the court's domain - haven't found a volunteer yet to test this.
eye95
Well-known member
The word "official" derives from the same root as "office." "Official purposes" refers to the purpose of the office, the office referring to a governmental position to which a person is appointed or elected, not to a room or rooms.
In other words, if someone's government job requires that they carry in a post office, that carry will not violate the federal regulation.
In other words, if someone's government job requires that they carry in a post office, that carry will not violate the federal regulation.
x3atthis
Regular Member
Thinking out loud over here...
What if that individual was a civilian contractor for the government? Say their employer is IEM, but they're performing a job that DHS has contracted out to IEM. If that job requires them to carry, is it considered official?
