1st time carrying concealed today... - Page 9
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Thread: 1st time carrying concealed today...

  1. #81
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    Quote Originally Posted by SGB View Post
    My apologies it's not federal code it's Florida statute which satisfies the "Offical Purpases" portion of the earlier cited US Code which unfortunately is meaningless in Michigan.

    790.25 Lawful ownership, possession, and use of firearms and other weapons.—

    (3) LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:
    i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business;
    No apology necessary... nothing personal in our discussion. We are just talking about legal issues. And I appreciate it when someone posts a cite to actual law.

    However....

    From:

    The Supremacy Clause and Federal Preemption

    THE SUPREMACY CLAUSE
    Article. VI.

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

    And then the article goes on to explain...

    Introduction

    The preemption doctrine derives from the Supremacy Clause of the Constitution which states that the "Constitution and the laws of the United States...shall be the supreme law of the land...anything in the constitutions or laws of any State to the contrary notwithstanding." This means of course, that any federal law--even a regulation of a federal agency--trumps any conflicting state law.



    So... in my completely layman understanding (I'm not an attorney) that tells me the Postal regulation concerning the carrying of firearms on Postal property... trumps any and all State laws.

    Which still means that it is illegal for a person to carry a firearm on Postal property unless they are engaged in the "official business" of mailing said firearm.

    If I am mistaken I'd surely love to know! No sarcasm there either... I'd love to know!

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  3. #82
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    Quote Originally Posted by Bikenut View Post
    No apology necessary... nothing personal in our discussion. We are just talking about legal issues. And I appreciate it when someone posts a cite to actual law.

    However....

    From:

    The Supremacy Clause and Federal Preemption

    THE SUPREMACY CLAUSE
    Article. VI.

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

    And then the article goes on to explain...

    Introduction

    The preemption doctrine derives from the Supremacy Clause of the Constitution which states that the "Constitution and the laws of the United States...shall be the supreme law of the land...anything in the constitutions or laws of any State to the contrary notwithstanding." This means of course, that any federal law--even a regulation of a federal agency--trumps any conflicting state law.



    So... in my completely layman understanding (I'm not an attorney) that tells me the Postal regulation concerning the carrying of firearms on Postal property... trumps any and all State laws.

    Which still means that it is illegal for a person to carry a firearm on Postal property unless they are engaged in the "official business" of mailing said firearm.

    If I am mistaken I'd surely love to know! No sarcasm there either... I'd love to know!
    I understand your point completely and that's just the problem, there has been no prosecution pertinent to the discussion that I'm aware of hence no precedent. He11 there isn't even a legal definition of "official business" in the US code. Even attorney's and judges argue the interpretation of the statutes.

    "It's easier to avoid conflict than it is to survive it" - SGB

  4. #83
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    Quote Originally Posted by SGB View Post
    I understand your point completely and that's just the problem, there has been no prosecution pertinent to the discussion that I'm aware of hence no precedent. He11 there isn't even a legal definition of "official business" in the US code. Even attorney's and judges argue the interpretation of the statutes.
    And, in my personal opinion worth exactly what was paid for it, the "interpretation" thing from judges is how things get all screwed up since one judge with his/her own perspectives, biases, opinions, even prejudices!, can "interpret" stuff to mean anything and everything as long as it suits what the individual judge thinks it "should" mean.

  5. #84
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    Tallahassee Florida
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    Quote Originally Posted by Bikenut View Post
    And, in my personal opinion worth exactly what was paid for it, the "interpretation" thing from judges is how things get all screwed up since one judge with his/her own perspectives, biases, opinions, even prejudices!, can "interpret" stuff to mean anything and everything as long as it suits what the individual judge thinks it "should" mean.
    No disagreement here. Look at Roberts

    "It's easier to avoid conflict than it is to survive it" - SGB

  6. #85
    I just went through my CPL class yesterday and received great tips on preparing yourself for that moment. Sounds like you are doing everything correctly. One tip I thought was extra special was that the instructor said to keep it in your hands (unloaded of course) as much as you can for about a month or two and get so used to having it in your hand, aiming, shooting, pulling from holster, that is becomes second nature. Like breathing. Good luck and relax.

  7. #86
    I'm new as well. I kept playing with my shirt, nervous of printing.. Also, my first outing I had it IWB in the 1:30 position and I couldn't bend over. Not comfortable at all. Im still trying to find that comfortable position. Oh, carrying glock 27 or MP 40c.

  8. #87
    try 3:30 it's comfortable with me and i can even draw from my holster sitting down and at the wheel of my vehicle
    gun control is being able to hit your target

  9. #88
    Quote Originally Posted by eagleeyes View Post
    try 3:30 it's comfortable with me and i can even draw from my holster sitting down and at the wheel of my vehicle
    +1...I keep my Kimber Pro Raptor 1911 at 3:30 IWB, and am comfortable for the entire day.

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