US Postal Service sued over firearms ban
by admin on Oct.30, 2010, under Uncategorized
Yes, the same government agency who brought us the phrase “going postal” has a nebulous and kooky firearms ban. Here are some links:
http://www.postalreporternews.net/2010/10/18/colorado-couple-challenge-usps-ban-of-firearms-on-postal-property/
http://onlygunsandmoney.blogspot.com/2010/10/challenge-to-ban-on-firearms-on-postal.html
Here is the relevant code: http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/39cfr232.1.pdf
Note: It covers “all real property” not just buildings.
“(l) Weapons and explosives. Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.”
Interesting to start out with the phrase ‘notwithstanding any other law’ since statutory law enables the USPS regulations so the regulation by its very nature cannot contravene statutory or constitutional law or prohibitions (on government) such as the 2nd Amendment. However at the very end of the regulation:
“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.” This seems to indicate a legislative ( can you really call regulations ‘legislative’? ) intent to make the regulation subservient to state & local laws and regulations.
Here is a previous analysis of the USPS situation: http://www.buckeyefirearms.org/Concealed-carry-in-a-post-office-may-lead-to-rude-awakening
Every post office I’ve been in has the ubiquitous and incomplete Title 18 Section 930 warnings in them and as the previous link points out, it looks inapplicable.
The government never admits wrongdoing, and never voluntarily gives up authority or power. It shouldn’t take USPS as long to lose as it did NPS.