Leave Gun In Car At Post Office? - Page 3
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Thread: Leave Gun In Car At Post Office?

  1. #21
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
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    3,004
    There are folks that still use the PO????

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  3. #22
    Join Date
    Nov 2010
    Location
    SE FL and SE OH
    Posts
    5,677
    Quote Originally Posted by Rich7553 View Post
    With regards to "being asked to leave" versus "being asked to take the firearm to the car", there is a HUGE difference in FL. Florida is one of the states where private property signage carries no legal weight. We don't, as of yet, have general lawful open carry, so concealed carriers here generally ignore such signage.

    With regards to a merchant approaching a carrier and asking them to remove the gun, my standard response is, "sir, are you asking me to leave the premises?" Florida law is very clear. In order to be guilty of trespass (or in this case, armed trespass), a request or order to leave the private property must be rendered by an authorized agent of the property owner, and it must then be refused by the individual being asked to leave. Period. They cannot make demands of you aside from asking you to leave. Additionally, once they ask you to leave, they must permit it. They are not allowed to detain you for police and then have you charged with trespass.
    Just because there is no case law in Florida on it, doesn't mean that you can't be the first one. You are on private property with that restriction. If it was taken to court, it could result in a 3rd degree felony charge. But if it was properly concealed, how would they know in the first place?

    As for the Post Office, the same question must be asked. How would they know it was in your vehicle if it was concealed properly? 39 C.F.R. 232 says you can't store it on PO property but that CFR also limits where the PO can search to non-public areas outside of the building. Parking area for postal vehicles and employee parking area behind the fence as example are non-public areas. That is a good reason for the test case out west.

  4. Post Office Property

    Quote Originally Posted by bludevl3232 View Post
    I work at the Post Office, obviously I am not allowed to carry at work. Does anyone know if I am allowed to leave my gun in my car while parked on federal property? My car is subject to search at any time. I do not want to ask at work as this may tip them off if not legal.
    No you may not leave your gun in your car on Post Office property (39 C.F.R. 232). If you are discovered you are subject to a fine of $50 and up to 30 days in jail, essentially the lowest federal misdemeanor. Perhaps more importantly, you will probably be fired.

    If you're inclined to litigate it, you're preceded by one of your postal colleagues. He LOST in the 5th Circuit. See US vs. Dorosan.

    Other "Federal property" NOT BUILDINGS, generally YES unless prohibited by other regulation.

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