Technical Post Office Carry Question - XDTalk Forums - Your HS2000/SA-XD Information Source!

Bree · 04-08-2008, 12:07 PM

We have a Postal Sub-Station inside a pharmacy that I get prescriptions from. The store also has a large section that sells medical equipment as well as a general notions section. The Post Office portion is simply a window about 6 feet wide and 4 feet high taking up a few % of the whole store. Obviously the Fed is renting some space from the pharmacy.

So the $64,000 Question... is it illegal for a licensed individual to carry a firearm into the pharmacy because it contains a Postal Sub-Station?

Governing state law is NY. Carry license is unrestricted. The building is not a Federal building per se. It is privately owned with space rented to USPS.

Does anyone know the answer?

afmo · 04-08-2008, 12:11 PM

my guess would be that because the property is privately owned then you are allowed to carry there. The building is not federal land, but contains a federal entity instead. Don't quote me on it, best advice is to contact local law enforcement.

**Cannibul** · 04-08-2008, 12:33 PM

First thing. Are you sure it's a Postal Substation. Or is it a Contract Station. Ask the person behind the counter who pays their check. If it's not the PO then it's not a Post Office. If there is no Flag out front then it's not a Post Office. If the clerk in NOT in a uniform then it's not a Post Office.

It's very easy to get them mixed up.

Bree · 04-08-2008, 05:05 PM

Quote:

Originally Posted by Cannibul

First thing. Are you sure it's a Postal Substation. Or is it a Contract Station. Ask the person behind the counter who pays their check. If it's not the PO then it's not a Post Office. If there is no Flag out front then it's not a Post Office. If the clerk in NOT in a uniform then it's not a Post Office.

It's very easy to get them mixed up.

It says US Post Office Sub Station on the sign and has the USPS logo

LKB3rd · 04-08-2008, 05:55 PM

Sounds like they probably lease the space from the business, in which case it isn't "Federal Property."

cjive134 · 04-08-2008, 07:02 PM

I don't really know the answer, but it would seem that you are on private property and not federal. Especially if you are at a kiosk.

catamount · 04-08-2008, 07:12 PM

In Montana, concealed guns are forbidden in banks, but if the bank is a branch in a grocery store, guns are not illegal unless doing business at the bank.

I would suspect that your situation is similar, but you certainly need more definitive guidance than that...

Hmmm, there is nothing in the NRA state law guides about Posts Offices. Have you tried calling the sheriff dept to ask?

I know in MT all the state laws are on the web and I can view them to look at the gun laws. NY probably has something like that.

darkvibe · 04-08-2008, 08:24 PM

I'm no lawyer or anything but I'm with these guys. I wouldn't hesitate to carry in the store. Just don't go behind the window

Bree · 04-08-2008, 09:14 PM

The window is in the middle of a long wall and it juts out aways so there is some space back there. It isn't a kiosk. It is built into the store.

I read somewhere that if the Fed is renting space that it is considered a Fed building. I am not sure that this is true but that's the kind of thing I'm hoping one of our legal eagles can answer.

**Frenchy** · 04-08-2008, 11:33 PM

I would agree with most here. I would not think it illegal to carry.

04-08-2008, 12:07 PM	#1
Bree XDTalk 3K Member Join Date: Jun 2007 Location: Buffalo, NY Posts: 3,363 Blog Entries: 5	Technical Post Office Carry Question We have a Postal Sub-Station inside a pharmacy that I get prescriptions from. The store also has a large section that sells medical equipment as well as a general notions section. The Post Office portion is simply a window about 6 feet wide and 4 feet high taking up a few % of the whole store. Obviously the Fed is renting some space from the pharmacy. So the $64,000 Question... is it illegal for a licensed individual to carry a firearm into the pharmacy because it contains a Postal Sub-Station? Governing state law is NY. Carry license is unrestricted. The building is not a Federal building per se. It is privately owned with space rented to USPS. Does anyone know the answer? __________________ Shoot Straight and Ride Safe! Bree XD .45 Compact -- Ruger SP-101 .357 Mag. -- Keltec P3AT .380 Rock River Arms 20" Varmint A4 AR-15 w/4-16x56mm MilDot Ruger 10/22 Black Stainless Mossberg 590 Mariner 12 Ga w/Knoxx SpecOps Harley Davidson Dyna Wide Glide Patriot Guard Rider Iron Butt Association Member The 60's Can't Die As Long As I Won't Leave Them!! I grant President-Elect Obama a free ride from criticism by me until 5/1/09. Always give a person a chance to do the right thing!

04-08-2008, 12:11 PM	#2
afmo XDTalk 3K Member Join Date: Oct 2007 Location: Northern California Posts: 3,607	my guess would be that because the property is privately owned then you are allowed to carry there. The building is not federal land, but contains a federal entity instead. Don't quote me on it, best advice is to contact local law enforcement. __________________ I survived 8 years of vitriolic hate directed towards George W. Bush. The shoe is on the other foot now: Barack Obama is NOT MY PRESIDENT. Ruger 22/45 MKIII Springfield XD-9 Service Stevens Model 67 Series E 12g 1948 M44 Mosin-Nagant

04-08-2008, 12:33 PM	#3
Cannibul XDTalk 2K Member Join Date: Oct 2007 Location: Moscow on the Willamette Posts: 2,024	First thing. Are you sure it's a Postal Substation. Or is it a Contract Station. Ask the person behind the counter who pays their check. If it's not the PO then it's not a Post Office. If there is no Flag out front then it's not a Post Office. If the clerk in NOT in a uniform then it's not a Post Office. It's very easy to get them mixed up. __________________ Semper Fi Can't quote the "out of touch guy" any more! I don't own any guns. Guns are evil. KEVWYO - Please reply to this thread http://www.xdtalk.com/forums/politic...-anti-gun.html

04-08-2008, 07:02 PM	#6
cjive134 XDTalk 1K Member Join Date: Jan 2005 Location: Cincinnati Posts: 1,626	I don't really know the answer, but it would seem that you are on private property and not federal. Especially if you are at a kiosk. __________________ "I've got three kids and no money. Why can't I have no kids and three money?" - homer simpson

04-08-2008, 07:12 PM	#7
catamount XDTalk 100 Member Join Date: Nov 2006 Location: Western Montana! Posts: 245	In Montana, concealed guns are forbidden in banks, but if the bank is a branch in a grocery store, guns are not illegal unless doing business at the bank. I would suspect that your situation is similar, but you certainly need more definitive guidance than that... Hmmm, there is nothing in the NRA state law guides about Posts Offices. Have you tried calling the sheriff dept to ask? I know in MT all the state laws are on the web and I can view them to look at the gun laws. NY probably has something like that. __________________ - Catamount

04-08-2008, 05:55 PM	#5
LKB3rd XDTalk 500 Member Join Date: Aug 2007 Location: CT Posts: 942	Sounds like they probably lease the space from the business, in which case it isn't "Federal Property."

04-08-2008, 08:24 PM	#8
darkvibe XDTalk 500 Member Join Date: Mar 2006 Location: Rochester, NY Posts: 831	I'm no lawyer or anything but I'm with these guys. I wouldn't hesitate to carry in the store. Just don't go behind the window __________________ Springfield XD-40 Subcompact \| Kimber Eclipse Target II \| Ruger Mark II \| Kel-Tec P-3AT \| Browning Hi-Power Practical 9mm

04-08-2008, 09:14 PM	#9
Bree XDTalk 3K Member Join Date: Jun 2007 Location: Buffalo, NY Posts: 3,363 Blog Entries: 5	The window is in the middle of a long wall and it juts out aways so there is some space back there. It isn't a kiosk. It is built into the store. I read somewhere that if the Fed is renting space that it is considered a Fed building. I am not sure that this is true but that's the kind of thing I'm hoping one of our legal eagles can answer. __________________ Shoot Straight and Ride Safe! Bree XD .45 Compact -- Ruger SP-101 .357 Mag. -- Keltec P3AT .380 Rock River Arms 20" Varmint A4 AR-15 w/4-16x56mm MilDot Ruger 10/22 Black Stainless Mossberg 590 Mariner 12 Ga w/Knoxx SpecOps Harley Davidson Dyna Wide Glide Patriot Guard Rider Iron Butt Association Member The 60's Can't Die As Long As I Won't Leave Them!! I grant President-Elect Obama a free ride from criticism by me until 5/1/09. Always give a person a chance to do the right thing!

04-08-2008, 11:33 PM	#10
Frenchy XDTalk 10K Member Join Date: Mar 2001 Location: Mid-Missouri Posts: 14,155	I would agree with most here. I would not think it illegal to carry. __________________ ~SC Harvey~ "My first priority will be to reinstate the assault weapons ban as soon as I take office. Within 90 days, we will go back after kitchen table dealers, and work to end the gun show and internet sales loopholes. In the first year, I intend to work with Congress on a national no carry law, 1 gun a month purchase limits, and bans on all semi-automatic guns."--Barack Obama, VPC Fund Raiser, 2007

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