Carrying into a post office or bank...thoughts? - Page 3 - XDTalk Forums

Joeywhat · 08-20-2008, 08:15 PM

Quote:

Originally Posted by CrAz3D

I wonder what penalties are for carrying if a business DOESN'T post like they're supposed to.
NextPage LivePublish
Maybe just tell me to leave?

In MI it's considered trespassing if they ask you to leave and you say no. If it's properly posted then it's trespassing anyways, they don't need to say anything.

Here in MI you can carry any way you'd like into a bank...assuming you have a CPL. You can open carry in banks WITH a concealed pistol license, however if you do NOT have said license, it's a no-no.

I wouldn't open carry into a bank, anyways. To me, that really just doesn't make sense, unless you really want to see what some blue and red lights.

CrAz3D · 08-21-2008, 05:44 PM

Oh yeah, if they ask you to leave/drop the gun in your car ... then, yeah.

Freedom1911 · 08-21-2008, 11:27 PM

In Missouri, Though the state law says open carry is legal, you REALLY need to know what your local law says about it. In most areas though state says it is ok, you will get thrown in the poky for something stupid.

As for CCW, in Missouri it is ok to CCW in to a bank. But it is a Felony to go in to a Post Office armed.

CrAz3D · 08-22-2008, 12:20 PM

Quote:

Originally Posted by Freedom1911

In Missouri, Though the state law says open carry is legal, you REALLY need to know what your local law says about it. In most areas though state says it is ok, you will get thrown in the poky for something stupid.

That's what I like about NM, counties and cities don't have the authority to create their own rules and regs regarding firearms.

shadeslanding · 09-02-2008, 10:42 AM

You missed the entire point. 18 USC 930 does NOT even apply to the post office. See 39 USC 410. It specifically states in 39USC410(a): that "...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." (emphasis by capitalization added)

It goes on to say in section (2) that "all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States..." are still in force (i.e. mail fraud, tampering with the mail etc.). But NOT 18 USC 930 which does not deal with the Postal Service but rather federal property in general.

The Post Office was privatized in 1972. They are specifically NOT permitted to use 18 USC 930 as evidenced from the opening paragraph of 39 USC 410. 18 USC 930 does NOT apply to the Post Office.

dolhasso · 09-02-2008, 11:00 AM

So the post office says you can't carry, but federal law would seem to
conclusively disagree...

Where does this leave the common person?

jtprevatte · 09-02-2008, 11:09 AM

My thoughts?

Jail time....

If someone sees it in the bank....BANK ROBBER!

Not a good idea....

Need more?

bigun · 09-02-2008, 11:29 AM

Quote:

Originally Posted by CrAz3D

It looks like 18 USC 930 says you can carry into any federal facility.

BUT, 39 USC 410 appears to exempt the Post Office from 18 USC 930
(emphasis added)

Federal courts and post offices are a no-no, from what I understand (the USC is blegh to read)

39 CFR 232.1, federal regulations for the post office, is the law the SPECIFICALLY prevents firearms.

OK. Problem solved.

According to my compendium of charges 38CFR1.218b(37) posession of firearms, carried either openly or concealed, whether loaded or unloaded (except by Federal or State Law Enforcement Officers on Official business) Carries a $525 fine. This is for a VA Hospital but I would "gulp" assume that the penalties would be similar for any Fed facility.

Cuda66 · 09-02-2008, 04:17 PM

Quote:

Originally Posted by jtprevatte

My thoughts?

Jail time....

If someone sees it in the bank....BANK ROBBER!

Not a good idea....

Need more?

I disagree.

I carry in my bank (Wells Fargo) all the time. I have yet to have any issue. However--it is concealed. And I'd like to think I've learned how not to show the tell-tale signs of someone who is carrying. Absolute worse-case scenario, should someone see it...the police will be called, I'll have to show them my carry permit, and I will then go on my merry way.

Short story is--if your bank doesn't allow it (or state laws, as case may be), don't carry there--or, change banks. If you are not comfortable carrying in the bank, by all means, leave it in your vehicle, or at home.

ncaabbfan · 09-02-2008, 09:34 PM

It has been my understanding that it is illegal to carry into any government office or property.

08-21-2008, 05:44 PM	#22
CrAz3D XDTalk 2K Member Join Date: Feb 2008 Location: Southern New Mexico Posts: 2,179	Oh yeah, if they ask you to leave/drop the gun in your car ... then, yeah. __________________ "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson "Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one." - Thomas Paine Daily Crazed
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08-21-2008, 11:27 PM	#23
Freedom1911 XDTalk 500 Member Join Date: May 2007 Posts: 553	In Missouri, Though the state law says open carry is legal, you REALLY need to know what your local law says about it. In most areas though state says it is ok, you will get thrown in the poky for something stupid. As for CCW, in Missouri it is ok to CCW in to a bank. But it is a Felony to go in to a Post Office armed. __________________
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09-02-2008, 10:42 AM	#25
shadeslanding XDTalk Newbie Join Date: Sep 2008 Posts: 1	You all miss the point... You missed the entire point. 18 USC 930 does NOT even apply to the post office. See 39 USC 410. It specifically states in 39USC410(a): that "...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." (emphasis by capitalization added) It goes on to say in section (2) that "all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States..." are still in force (i.e. mail fraud, tampering with the mail etc.). But NOT 18 USC 930 which does not deal with the Postal Service but rather federal property in general. The Post Office was privatized in 1972. They are specifically NOT permitted to use 18 USC 930 as evidenced from the opening paragraph of 39 USC 410. 18 USC 930 does NOT apply to the Post Office.
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09-02-2008, 11:00 AM	#26
dolhasso XDTalk 100 Member Join Date: Feb 2006 Location: PA Posts: 124	So the post office says you can't carry, but federal law would seem to conclusively disagree... Where does this leave the common person? __________________ -Dave
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09-02-2008, 11:09 AM	#27
jtprevatte XDTalk 1K Member Join Date: Jan 2006 Location: Fayetteville, NC Posts: 1,069	My thoughts? Jail time.... If someone sees it in the bank....BANK ROBBER! Not a good idea.... Need more? __________________ MOΛΩN ΛABÉ Why do I carry a gun? Have you picked up a cop lately? Man, they eat A LOT of doughnuts....and whew...they are heavy. Wanna XD with me? LOL If this thing turns bad and you have to point your prayer rug to the east, don't blame me...I voted for McCain.... Visit my website www.jtprevatte.com for all your NC real estate needs..LOL
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09-02-2008, 09:34 PM	#30
ncaabbfan XDTalk Member Join Date: Dec 2007 Posts: 43	It has been my understanding that it is illegal to carry into any government office or property.
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