Firearms in Post Offices

[Utah Bob #35998]

https://www.msn.com/en-us/news/us/ban-on-guns-in-post-offices-is-unconstitutional-us-judge-rules/ar-AA1mUHD7?ocid=mailsignout&pc=U591&cvid=525b17b37f934bb48c47d5c8546574e8&ei=14

[Itchy Trigger]

About time, that is my biggest headache conceal carrying since I use a PO Box!

 

Some other places I may ignore their signs, but it would just result in a no-trespass issues, but I cannot afford a felony by carrying in a Post Office that would prohibit me from owning guns!!!!!

[John Kloehr]

First, I am going to set aside the dark humor of the phrase "going postal" applies to USPS employees and the stress they seem to be under.

 

I would be careful on this and even leaving a firearm in one's car while going into a post office. But I do think the judge made a good ruling.

 

As to the ruling, Ayala was a USPS employee, he drove trucks containing packages. He had a carry permit. He was charged with bringing a firearm onto postal service property and resisted arrest. The ruling sets aside the charge for carrying but does not set aside the charge for resisting arrest.

 

Following this second thread, the judge ruled the resisting charge is still subject to a jury determination as to the facts of the case; the judge at least glancingly recognizes a right to resist arrest for violation of constitutional rights. This question might go to trial again. But I would not be surprised if the Federal government appeals this ruling. This is why I advise caution, the ruling may get stayed soon.

 

So separate from the details of the case, this is something I have looked at in the past. As the laws are written, we can not carry in a post office facility and we can not bring firearms onto USPS property. So I can not even use the parking lot in several nearby facilities, but there is a small office rented from a strip mall. That parking lot is not Federal property and I can leave my firearm in my vehicle while I go into the USPS facility. This is per current law.

 

So another topic... What are all the reasons one can not bring a vehicle into the public area of a USPS parking lot, if the parking lot is owned by the Federal government? I found three reasons in the law:

• Driver is under the influence
• Vehicle registration is not current
• There is a firearm in the vehicle

The first reason would likely not be complied with. The second is obvious from a quick glance at the rear plate. So If you walk away from a vehicle parked off-site to enter USPS property and your tags are current, there must be a firearm in the vehicle. This actually creates a situation likely to result in crime rather than reduce it; there is a firearm to steal. But this is about me (and you). Let's get back to Ayala.

 

USPS is a "natural monopoly" and is structured as a private company. This means the company can have rules against employee carry. In theory, it can even ban firearms carry by customers. But can it do so if it is a monopoly? Customers have no options! First class mail is and by law must be sent though USPS. But the parking lot should not have such restrictions.

 

Ayala likely can and did lose his job due to carry against company rules. You and I should be able to at least secure our firearms in our vehicles in the public side of the parking lots (note signs on the cyclone fencing entering the "private" side of the lot).

 

I can see all of these questions taking a decade or more to work through the courts, but at least I did find an actual link to the ruling in this case... I found the actual link on a Canadian news site:

 

https://fingfx.thomsonreuters.com/gfx/legaldocs/klvydgelepg/01122024ayala.pdf

Edited January 13 by John Kloehr

[PaleWolf Brunelle, #2495L]

I've had the same PO box at a nearby city for almost 50 years.

Always "interpreted" the section of the regulation prohibiting "for other than official purposes" to not apply when I was picking up mail from the box for which I pay rent to use.
That is my "official purpose" whether carrying concealed inside or parking on the property with firearms in my vehicle.

[Sedalia Dave]

We all know why the ban came about but we also know that Gun Free Zones are the preferred venue for most shooters.