imported post
The confusing part. section 930 says for lawful purposes. When we look at Title18, U.S. Code, Sections 921-929, Chapter 44. Firearms
SEC. 101.The Congress hereby declares that the purpose of this title is to
provide support to Federal, State, and local law enforcement officials in their
fight against crime and violence, and it is not the purpose of this title to
place any undue or unnecessary Federal restrictions or burdens on
law-abiding citizens with respect to the acquisition, possession, or
use of firearms appropriate to the purpose of hunting, trapshooting, target
shooting, personal protection, or any other lawful activity, and that this
title is not intended to discourage or eliminate the private ownership or use
of firearms by law-abiding citizens for lawful purposes, or provide for the
imposition by Federal regulations of any procedures or requirements other
than those reasonably necessary to implement and effectuate the provisions
of this title].
39 USC 410 exempts Post Offices from 18 USC 930 (being a statute dealing with Federal facilities in general.) 39 USC 410, specifically dealing with post offices, states:
[size=§ 410. Application of other laws Release date: 2003-06-24 (a) Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service. (b) The following provisions shall apply to the Postal Service: (1) section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and section 5532 (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable; (2) all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States;][size=]
The argument advanced against 39 CFR 232.1 is that a regulation cannot conflict with a statute, and indeed, a later portion, 39 CFR 232.1(p), states "Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations of any State and local laws and regulations applicable to any area in which the property is situated." So would 39 CFR 232.1 be in conflict if it is read to prohibit carrying at the post office? It does not appear that this would be the case.
First, 18 USC 930 does not apply to a post office. Second, even if 18 USC 930 DID apply to post offices, remember that 18 USC 930(d) merely states that the lawful carrying of a firearm is not prohibited by 18 USC 930(a), not that the lawful carrying of a firearm is allowed. This being the case, what is 39 CFR 232.1 in conflict with? I think it is difficult to argue it is in conflict with anything.
We have a situation where there is a valid RULE prohibiting the carrying of firearms, and properly posted signs evidencing this fact. If an expansive reading is given to 39 CFR 232.1 and it is considered a FEDERAL LAW, and/or there is a federal law that makes it a crime to violate a provision of the CFR, then carrying at a post office would be prohibited by 2923.126(B)(10), meaning that a person would be committing a felony by carrying at the post office.
My federal friend is talking with some friends over at the FBI to see if they can help with this mess.