SCOTUS Lets Post Office Gun Ban Stand

[thallub]

The US Supreme Court has declined to hear an appeal of a lower court ruling upholding a ban on guns in US Post Office buildings and parking lots.

The case involved Colorado resident Tab Bonidy, who has a permit to carry a concealed handgun. He sought a court order striking down the regulation after learning he would be prosecuted for carrying his gun while picking up mail at his local post office or leaving it in his car.

http://abcnews.go.com/Politics/wireStory/high-court-rejects-appeal-ban-guns-post-offices-37810287

 

[K_Mac]

I saw this yesterday. It is inconceivable to me that the parking lot is not safe haven to leave a legally concealed weapon in my car before entering a post office. I know this is the case for all Federal facilities, but it violates my right to protect myself in a variety of places where protection is clearly needed. It leaves me no choice other than parking off-site and going unarmed to complete my business to comply with the law.

 

[press1280]

This case would probably have had better luck being filed after "bear" had been settled. Just a bridge too far right now.

 

[Aguila Blanca]

I know this is the case for all Federal facilities, ...

But it isn't the case for all federal facilities. The USPS has its own law. Most federal facilities are covered by 18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities. The definition of "facility" in that law is:

(g) As used in this section:

(1) The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.

So, for "most" federal facilities the law only prohibits possession "in" buildings, not on sites, and even then only in buildings where federal employees are "regularly" present for performing their duties.

https://www.law.cornell.edu/uscode/text/18/930

 

[K_Mac]

I am familiar with the statute Aquila Blanca. I don't think it is quite that simple. Many federal properties prohibit guns on site. I am anxious to hear from some of our attorneys on this.

 

[JimPage]

I find it ironic that an enumerated right is not allowed in Federal buildings. I would expect that to be first place all my rights are protected.

 

[Glenn E. Meyer]

I always wondered why progun presidents or legislators did not simply propose a bill that licensed folks in a state have permission to enter and/or leave the gun in the car.

Maybe the next champion of the 2nd Amend. that gets elected could propose this?

 

[ballardw]

I'm not a lawyer or even play one on TV.
My local post office is in a strip mall with a fitness center, dry cleaner, liquor store, fabric and craft store, coffee place and a Walmart.
Where does the Post office parking lot start? There is no demarcation line on the pavement, no signs in the parking area?

One of our other post offices has no parking lot only on street public parking. Would that mean that all the downtown public on-street parking is covered by this decision?

 

[gyvel]

My local post office is in a strip mall with a fitness center, dry cleaner, liquor store, fabric and craft store, coffee place and a Walmart.
Where does the Post office parking lot start? There is no demarcation line on the pavement, no signs in the parking area?

One of our other post offices has no parking lot only on street public parking. Would that mean that all the downtown public on-street parking is covered by this decision?

This has been brought up before, but my understanding is that if the post office doesn't own it, they have no say so about whether you have a weapon or not.

In your case, unless, by some bizarre circumstances, the post office owns the whole strip mall, which I doubt, they can nothing to stop you from having a weapon in your car.

 

[kilimanjaro]

Our PO is a 1963 building, the parking is on a public street. You could leave your gun in your car if you parked in front of the PO, since the PO doesn't own the street. The drive up area to the drop boxes, however, they do own. You can't have a gun in your car there, let alone on your person.

Next town over, the PO is a self-contained facility, with off-street parking, you can't have a gun in your car if you park there, it's PO property.

The few parking spaces in front of the PO building, however, that's public street, you could have your gun in the car if you parked there.

Little town up the road, the PO is a 'store front' inside of a larger general store. You can carry your gun inside the store, but the PO window area is separated from the store traffic with a writing counter, so that may be PO leased floor area. The parking lot is the store parking lot, you can leave your gun in your car there, but there are two parking spaces marked 'Parking for Post Office Use Only', I will bet you the PO is leasing those spots.

Lots of room for error out there.

 

[Armed_Chicagoan]

So, for "most" federal facilities the law only prohibits possession "in" buildings, not on sites, and even then only in buildings where federal employees are "regularly" present for performing their duties.

https://www.law.cornell.edu/uscode/text/18/930

(d) Subsection (a) shall not apply to—

(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

On the face of it since self defense is a lawful purpose anyone with a concealed carry license should be exempt. I'd love to see this challenged in court, but I sure wouldn't want to be the guinea pig!