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U.S. Postal Service Parking Lot Gun Ban Unconstitutional
mountainstateslegal.org ^ | 9 July, 2013 | William Perry Pendley

Posted on 07/11/2013 7:57:26 AM PDT by marktwain

DENVER, CO.  A Colorado federal district court ruled today in favor of a Colorado man and a national gun rights group holding that a U.S. Postal Service regulation barring firearms in its parking lots violates their right to keep and bear arms under the Constitution.  The district court ruled, “openly carrying a firearm outside the home is a liberty protected by the Second Amendment [and the] parking lot adjacent to [Avon’s Post Office Building] is not a sensitive place [such that] an absolute ban on firearms is substantially related to [Defendants’] important public safety objective.”  Tab Bonidy, who is licensed to carry a handgun and regularly carries a handgun for self-defense, drives several miles from his home, where mail delivery is not available, to Avon to collect his mail.  On arrival in Avon, however, he is barred by federal regulation from carrying a firearm, or parking his vehicle if it contains a firearm, on Postal Service land.  In July 2010, Mr. Bonidy asked that the regulation be withdrawn; the Postal Service refused.  Mr. Bonidy and the National Association for Gun Rights filed their lawsuit in October 2010.

“We are pleased the court struck down the Postal Service’s regulation as it applies to the Avon parking lot,” said William Perry Pendley of Mountain States Legal Foundation (MSLF); MSLF represents Mr. Bonidy and the group.

In 2007, the Postal Service renewed its total ban on firearms on Postal Service property, first promulgated in 1972: 

"Notwithstanding the provisions of any other law, rule or regulation, no person while on Postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on Postal property, except for official purposes."

39 C.F.R. § 232.1(l)This regulatory prohibition, which carries a fine, imprisonment for 30 days, or both, is broader than the federal statute, which prohibits private possession of firearms in federal facilities, except those firearms carried “incident to hunting or other lawful purposes.”  18 U.S.C. § 930(d)(3).  This statutory exception does not apply in federal court facilities, where a total ban is enforced.  18 U.S.C. § 930(e)(1).

The Postal Service’s total ban on firearms possession impairs the right to keep and bear arms as protected by the Second Amendment even when individuals are traveling to, from, or through Postal property because the Postal Service does not allow people to store a firearm safely in their vehicles.  Anyone with a hunting rifle or shotgun in his car, or a handgun in his glove compartment for self-defense, violates the Postal Service ban by driving onto Postal Service property.  Thus, the ban also denies the right to keep and bear arms everywhere a law-abiding gun owner travels before and after visiting Postal Service property.

 Mountain States Legal Foundation, founded in 1977, is a nonprofit, public-interest legal foundation dedicated to individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system.  Its offices are in suburban Denver, Colorado. More about this case: Bonidy v. USPS

Read the Court's Order: MEMORANDUM OPINION AND ORDER



TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; US: Colorado
KEYWORDS: banglist; co; constitution; guncontrol; guns; lawsuit; postalservice; postoffice; secondamemdment; secondamendment; usps
I do not know if this will be appealed, but it may add to the pressure for the Supreme Court to hear a case that upholds the right to bear arms outside of the home.
1 posted on 07/11/2013 7:57:26 AM PDT by marktwain
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To: marktwain

Privatize the post office.


2 posted on 07/11/2013 7:58:59 AM PDT by Eric in the Ozarks (NRA Life Member)
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To: marktwain

The ban is stupid - the criminal will not obey any ban.


3 posted on 07/11/2013 7:59:32 AM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: marktwain

Let’s not get carried away here, people! We still need a ban on Postal employees going, well, postal!


4 posted on 07/11/2013 8:00:03 AM PDT by NonValueAdded (Unindicted Co-conspirators: The Mainstream Media)
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To: I want the USA back

“The ban is stupid - the criminal will not obey any ban.”
If you follow that logic, all gun bans are stupid. But, you are not the first one to make this observation:
“Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” ~ Thomas Jefferson


5 posted on 07/11/2013 8:06:45 AM PDT by thorvaldr
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To: I want the USA back
The ban is stupid - the criminal will not obey any ban.

Ref: U.S. laws and Obama or Holder

6 posted on 07/11/2013 8:13:04 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: marktwain

Excellent!


7 posted on 07/11/2013 8:13:46 AM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: marktwain

Mountain States Legal Foundation is a very good group and have a history of winning cases in the western US.


8 posted on 07/11/2013 8:21:59 AM PDT by Cuttnhorse
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To: thorvaldr

Thomas Jefferson was quoting Cesare Beccaria’s Essay on Crimes and Punishments.

So, it is not exactly an original Thomas Jefferson quote.

http://www.imakehippiescry.com/2010/12/27/an-unarmed-man-may-be-attacked-with-greater-confidence/


9 posted on 07/11/2013 8:22:15 AM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: marktwain; CodeToad

CO ping


10 posted on 07/11/2013 8:23:39 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: marktwain

Do the people who openly carry, like in Arizona, openly carry the holstered guns into the Post Office? You see people everywhere openly carrying holstered guns.


11 posted on 07/11/2013 8:24:02 AM PDT by rawhide
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To: NonValueAdded
ban on Postal employees going, well, postal!

Yea that whole concept..... going postal

I would never go "Postal"

I hate amateurs!

12 posted on 07/11/2013 8:24:51 AM PDT by SERE_DOC ( “The beauty of the Second Amendment is that it will not be needed until they try to take it.” TJ.)
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To: NonValueAdded
We still need a ban on Postal employees going, well, postal!

We already have that.

Murder is illegal. Assault with a deadly weapon is illegal. Reckless endangerment is illegal. Brandishing a weapon is illegal.

WE DO NOT NEED MORE LAWS!

13 posted on 07/11/2013 8:27:33 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: laplata

Ping


14 posted on 07/11/2013 8:28:21 AM PDT by pax_et_bonum (Never Forget the Seals of Extortion 17 - and God Bless America)
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To: ArrogantBustard

my humor too subtle?


15 posted on 07/11/2013 8:29:05 AM PDT by NonValueAdded (Unindicted Co-conspirators: The Mainstream Media)
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To: marktwain

I don’t care where it is; if there’s no metal detector, I carry.


16 posted on 07/11/2013 8:30:08 AM PDT by TangoLimaSierra (To the left the truth looks like Right-Wing extremism.)
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To: marktwain
Lawyers, can ya trust them?

Lets look at the law and definitions, you will find that they (legal types) are FOS.

If one was to actually crack open the code, you "Legally" can carry a "Pistol" or a rifle" into any place in the United States, but using "their definition" against them..... I respectfully submit Title 27 CFR:

§ 479.11 Meaning of terms.

Firearm. (a) A shotgun having a barrel or barrels of less than 18 inches in length; (b) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (c) a rifle having a barrel or barrels of less than 16 inches in length; (d) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (e) any other weapon, as defined in this subpart; (f) a machine gun; (g) a muffler or a silencer for any firearm whether or not such firearm is included within this definition; and (h) a destructive device. The term shall not include an antique firearm or any device (other than a machine gun or destructive device) which, although designed as a weapon, the Director finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon. For purposes of this definition, the length of the barrel having an integral chamber(s) on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breech block when closed and when the shotgun or rifle is cocked. The overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore.

Title 27 CFR

And nothing other than what is defined is a "Firearm"

17 posted on 07/11/2013 8:39:40 AM PDT by SERE_DOC ( “The beauty of the Second Amendment is that it will not be needed until they try to take it.” TJ.)
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To: Travis McGee

At least something good came out of this place.


18 posted on 07/11/2013 8:39:44 AM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: marktwain

Excellent news! Thanks for posting MT.


19 posted on 07/11/2013 8:47:37 AM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: pax_et_bonum

Thanks, pax.


20 posted on 07/11/2013 8:51:54 AM PDT by laplata (Liberals don't get it. Their minds have been stolen.)
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To: marktwain

This does raise important notes to gun carriers.

1) The decision was by the US District Court of Colorado. This means it currently just applies in Colorado. When appealed, it will go to the US Court of Appeals for the 10th Circuit. If upheld by the 10th, it will apply in Colorado, Wyoming, Utah, New Mexico, Kansas and Oklahoma (only). Only then might it go to the SCOTUS. But if the USPS does not appeal, it will only apply in Colorado.

2) Even at such time as the decision exists in your area, typically the only way Post Offices will know will be if their bureaucratic system tells them. Since many gun owners know that even police are often not up to date on gun laws, this means that the Post Offices will not have a clue.

So if this Post Office regulation is overturned in your area, do not assume they know. So do them a favor and *tell* them of the change. Even if they don’t believe you, they will check up on it.

Think of it as saving some other gun owner(s) hassle from being arrested for having a gun in a Post Office parking area.


21 posted on 07/11/2013 9:08:52 AM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: marktwain
is broader than the federal statute, which prohibits private possession of firearms in federal facilities, except those firearms carried “incident to hunting or other lawful purposes.

What's more lawful than the second amendment, or at the very minimum, self defense?

To read this means that you can carry lawfully in federal facilities for purposes of self-defense.

22 posted on 07/11/2013 9:13:22 AM PDT by IYAS9YAS
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To: marktwain

REINSTATE THE BAN!!!!11!!!!!1111leventy!!!1111

We can’t have armed maniacs stealing all the Sharper Image catalogs at gunpoint!!!!!


23 posted on 07/11/2013 9:17:56 AM PDT by Peet (Come back with a warrant.)
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To: marktwain

I never use the post office.

Never. They send me junk mail. My gifts go via UPS. My rent is paid in person. My family gets email the same day I send it, and some pictures are sent by phone.

Rather than privatize, they should disestablish it.


24 posted on 07/11/2013 9:55:20 AM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: yefragetuwrabrumuy

Be sure when you tell them that you don’t have a gun in your car, or they could test your assertion by having you arrested.

If the law is illegal, or is no law at all, they use the process to punish.


25 posted on 07/11/2013 9:56:50 AM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: marktwain; MileHi; dhs12345; neverdem; ColoCowgirl; RandallFlagg; dynachrome; beaversmom; ...

Colorado Ping ( Let me know if you wish to be added or removed from the list.)


26 posted on 07/11/2013 10:54:47 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: Eric in the Ozarks

Is the parking lot ban because the USPS doesn’t want competition for its wackos who carry, brandish and fire theirs inside the buildings?


27 posted on 07/11/2013 11:52:29 AM PDT by DPMD
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To: george76

A bit of good news!


28 posted on 07/11/2013 12:56:50 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: rawhide; All

“Do the people who openly carry, like in Arizona, openly carry the holstered guns into the Post Office? You see people everywhere openly carrying holstered guns.”

They do not open carry in the post office. It is one of the “unarmed victim zones”.


29 posted on 07/11/2013 3:47:47 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: george76; marktwain

“parking his vehicle if it contains a firearm”

Hypothetically, a twin of mine may have violated that one


30 posted on 07/11/2013 4:11:24 PM PDT by dynachrome (Vertrou in God en die Mauser)
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