Post Office Carry Before the 10th Circuit

Gun Watch ^ | 5 October, 2014 | Dean Weingarten

[marktwain]

The 10 Circuit heard oral arguments last Monday on whether an unsecured, unmanned post office was a "sensitive place" where the U.S. Government could ban  people from exercising their second amendment rights, under the Heller decision.

A district judge had awarded a partial victory to the 56 year old architect when it declared that the particular post office parking lot was not a "sensitive place" where weapons could be banned.   Both Bonidy and the Federal government appealed the decision.   From the AP story:

Bonidy's attorney Steven Lechner of the Mountain States Legal Foundation told the judges the lobby is not such a place, as there are no security guards checking patrons, who come at all hours.

"Not every government building is sensitive. There has to be some criteria or the government gets a free pass," he said. "If the government prevents someone from defending themselves, there has to be some security. You can't disarm a citizen if he wants to pick up his mail."

Eric Holder's Department of Justice argued that the post office needed a blanket ban for the convenience of the government:

Deciding which buildings - and which people - should be exempt from the rules would be a strain on resources, he said.

 That makes no sense to me.   If there are less buildings where the ban is in place, there are less places to enforce the ban.   As the ban has no practical effect of preventing crime, less buildings to enforce requires *less* resources, not more.

As the law stands, with nearly 12 million concealed carry permits in the United States, 44 states that have some type of open carry, and five states that do not require a permit for concealed carry, the ban is a legal trap waiting to snap shut on unsuspecting, but otherwise law abiding, citizens.

Senator Rand Paul, R-KY, introduced an amendment that would have removed the ban entirely.  There was considerable support for the amendment, with Democrat senators complaining that it was designed to force them to a vote on second amendment issues before the 2014 elections. 

That choice irked several Democrats on the committee who ended up voting on the parking lot carve-out but didn't want to vote on allowing guns to be carried inside buildings.

"There's no question on the issue of where I stand on Second Amendment rights," Mr. Begich said. "You want to vote on the parking lot issue? Let's vote on that right now."

Sen. Jon Tester, Montana Democrat, said the initial amendment was purely political and designed to provide fodder for attack ads opposing pro-gun senators who opted to vote against the broader lifting of the ban.

I have yet to see any rational reason for the ban, other than to demonstrate the Federal Governments ability to infringe on second amendment rights.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

It appears that the unconstitutional ban on post office carry is likely to be ended, one way or another. With enough senators feeling pressure to end the ban, it is likely to be done away with legislatively before a court says that it is unconstitutional.

[E. Pluribus Unum]

When I lived in Sugar Land, Texas, three late-night murders occurred on the USPO site near the Domino Sugar Plant. It was isolated and a whole bunch of Eric Holder’s people lived nearby.

[moovova]

“This is a stick-up. Give all your junk mail.”

[wrench]

Treat it like an airport terminal. Secured areas and unsecured areas. Right now there are secured areas, and public isn’t allowed there anyway.

[Grams A]

Went to two different post offices in Houston yesterday trying to find one with a working kiosk. One of them had no sign and normally wouldn’t be expected to because it is in one of the few areas in Houston that I would consider even relatively safe. The other one did have a sign preventing concealed carry and certainly is one where I always do CC, regardless of the sign.

Areas surrounding Sugar Land are being infiltrated by both illegals and Blacks.

People in Houston and the surrounding areas need to wake up.

[tomkat]

.. regardless of the sign

Goodonya, Grams !

[Paine in the Neck]

Went to two different post offices in Houston yesterday trying to find one with a working kiosk. One of them had no sign and normally wouldn’t be expected to because it is in one of the few areas in Houston that I would consider even relatively safe. The other one did have a sign preventing concealed carry and certainly is one where I always do CC, regardless of the sign.

Our local PO has two doors offering direct access to the customer side of the facility. One has a TX 30.06 sign. The other has none.

[West Texas Chuck]

The Posties thought they could even keep us from driving through their dang lot armed.

I love riding my bike across the lot when I am over in that part of town. And, yeah, I even ignore a few 30.06 signs occasionally. Unless some cockroach starts something nobody will know, and if the roach decides we look tasty then rest of the folks in there are going to be happy if I can squish him like a bug.

[Billthedrill]

A blatantly unconstitutional "regulation" and as such I am not obligated to obey. In fact, I am obligated not to by virtue of my oath to protect and defend.

It is a little ironic. The only people to shoot up post offices have been their own employees.