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by chabouk
Wed Jan 06, 2010 5:34 pm
Forum: General Texas CHL Discussion
Topic: Post office carry
Replies: 35
Views: 5646

Re: Post office carry

Charles L. Cotton wrote:You're right, hunting has never been legal in a Post Office. However, 18 U.S.C. 930's "incident to hunting and other lawful activity" exception broadly applies to any and all federal facilities, not specifically to Post Offices. By necessity, it applies only to federal facilities on which hunting is even possible.
"In which", not "on".

18 USC 930 defines a "federal facility" as a "building or portion of a building" where federal employees work. By the same reasoning that "incident to" precludes buying stamps while armed, it's impossible for hunting to be "incident to" being armed in a "federal facility". Or, perhaps "incident to" has a broader definition when it comes to "lawful purposes".

I really shouldn't have gotten into that, because none of it applies to post offices. Someone earlier posted a link to the buckeyefirearms page where a lawyer convincingly demonstrates that USPS is exempt from 18 USC 930. Citing that code while discussing the post office is irrelevant, because 18 USC 930 does not apply in post offices. They have their own, separate CFR that covers parking lots and all property, not just buildings.

To correct a common misconception, guns are not automatically banned from all "federal property", and certainly don't trigger a 5 year felony (as is often claimed). Different agencies might have their own CFRs that ban guns (like the National Park Service, until Congress fixed that problem, or the Corps of Engineers). Others don't, like the U.S. Forest Service, which goes by state law.

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