Guns OK in post office parking lots, federal judge rules
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  1. #1
    Sergeant
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    Default Guns OK in post office parking lots, federal judge rules

    There is another thread addressing carry IN the Post Office. Didn't want to trample that thread so started this one...

    Guns OK in post office parking lots, federal judge rules - CNN.com


    July article....


    Guns OK in post office parking lots, federal judge rules



    (CNN)
    -- Citizens can legally carry firearms in post office parking lots, a federal judge has ruled.

    The case stems from a lawsuit filed by Tab Bonidy, a resident of rural Avon, Colorado, who was prohibited by U.S. Postal Service regulations from carrying his gun on postal service property.
    In the town of Avon, the post office doesn't deliver mail to residents but does provide free post office boxes. Bonidy, who is legally permitted to carry a concealed firearm, was unable to carry the weapon on post office property without violating the law.
    U.S. District Court Judge Richard Matsch ruled that the USPS must permit Bonidy to carry his gun in his car in the public parking lot at the post office.
    "Mr. Bonidy's liberty can be accommodated by modifying the regulation to permit Mr. Bonidy to "have ready access to essential postal services... while also exercising his right to self-defense," Mitsch wrote in the ruling.

    Because of the firearms restrictions, Bonidy had to have an employee pick up and deliver his mail at the Avon Post Office, the court said.
    While ackowledging that post offices are "sensitive" places and the ban imposed by the USPS regulations is a presumptively valid restriction of that liberty, the parking lot was not a sensitive place. The court said USPS attorneys had failed to present evidence to support enforcement of the regulation on post office parking lots.
    In 1972, the Postal Service enacted regulations that prevented open and concealed-carry weapons and explosives on postal property.
    A number of high-profile gun violence incidents at post offices across the country has increased the scrutiny on post office safety in recent years.
    Despite the ruling, it is still illegal to carry a firearm inside a post office.
    Member: NYSRPA - SAF - SCOPE - NRA

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  3. #2
    Sergeant Charles Nichols's Avatar
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    Post Brief in Opposition Filed

    The Brief in Opposition to the cert petition is available at my website here.

  4. #3
    Colonel
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    Wow another win. Yeah

  5. #4
    Captain The Happy Friar's Avatar
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    Quote Originally Posted by Charles Nichols View Post
    The Brief in Opposition to the cert petition is available at my website here.
    So the appeals court last year said people can NOT bring a gun on to a USPS parking lot. That seems to be what I'm seeing.

  6. #5
    General Dr. Evil's Avatar
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    Great. So, many have just been grandfathered in for all the times they did this anyway. Yippee.
    Last edited by Dr. Evil; 02-11-2016 at 11:09 PM.
    Long Live NY Extremists FUAC

  7. #6
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    Quote Originally Posted by Saltwater60 View Post
    Wow another win. Yeah
    Quote Originally Posted by Dr. Evil View Post
    Great. So, many have just been grandfathered in for all the times they did this anyway. Yippee.
    I don't think so. Looks more like an odd necro-thread. Since this thread was originally posted in 2014 the courts found against the plaintiff and for the government. Unless SCOTUS takes the case I don't think there's a change.

    See here: Federal Judge:Post Office Cannot Ban Guns From Parking Lot

  8. #7
    Colonel BerettaGuy's Avatar
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    I remember a Radical Professor trying to explain the evils of the Industrial War Machine in college telling us, Hey this is America where the Constitution was written by criminals for criminals. His logic was, as soon as the founders signed the Declaration of Independence, they became criminals.
    Catch me if you can. etc. He was trying to convince us that the US Constitution was effed up and that karl marx has it right. Of course this being 1970, he loved the criminal part when it came to smoking a doobie or going to the glory hole in the public restroom.

    I always remember catch me if you can part every time I go into the Post Office which is almost daily for the past 10 years. (I run a business our of my home)
    Why? That is why they call it concealed.
    I always thought the sign on the door was for the bad guys.
    Common sense does not involve citizen disarmament. Responsible solutions do not disarm the victim pool. And support for the Second Amendment does not advocate for infringements. Get out of my face.

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    Captain The Happy Friar's Avatar
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    Saltwater posted a link where it says the appeals court said you can't bring on postal parking lots & that was ~6 months old.

    A possible way around it: most USPS locations aren't federal property, they're leased so local communities still get taxes from the property (state/federal/local govt buildings aren't subject to property taxes). If you go on one that's not federal property & leased & can you still have firearms in the parking lot?

    Plus, I haven't met a USPS worker (so far) who isn't pro-Constitution. I'm sure they are out there, but haven't met one. Also, the "no guns law" technically means you can't bring one on to the property to ship either. Catch-22.

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