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Open Carrying on Postal Property

color of law

Accomplished Advocate
Joined
Oct 7, 2007
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5,855
Location
Cincinnati, Ohio, USA
Based on the first post, I have additional info that the postal regulations regarding firearms on postal property is not supported by our nations history.

Bruen, reiterated “[T]he government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”’ In other words, District of Columbia v. Heller, 554 U. S. 570, and McDonald v. Chicago, 561 U. S. 742 held that the Second and Fourteenth Amendments protect an individual right to keep and bear arms for self-defense. Under Heller, when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct, and to justify a firearm regulation the government must demonstrate that the regulation is consistent with the Nation’s historical tradition of firearm regulation; the adoption of the Second Amendment 1791 or the adoption of the Fourteenth Amendments 1868.

The United States Postal Service first promulgated regulations in 1972 governing conduct on USPS property. 39 C.F.R. 232.1 (USPS Property Regulation). See 37 Fed. Reg. 24,346 (Nov. 17, 1972). The USPS Property Regulation “applies to all real property under the charge and control of the Postal Service…and to all persons entering in or on such property.” See 39 C.F.R. 232.1(a). 39 C.F.R. § 232.1(l) of the USPS Property Regulation governs weapons and explosives on postal property. It provides that “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.” Therefore, history does not support the Postal Service’s first 1972 regulation regulating firearms on postal property.
 

color of law

Accomplished Advocate
Joined
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Messages
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Location
Cincinnati, Ohio, USA
A Legal Theory is the scholarly study of the fundamental elements of a given legal system. If you mean Jurisprudence which traditionally concerns itself with the general theory of the nature of law and of legal reasoning behind it by referring to it as Legal Theory then that is nothing more than a memorandum of law. Court opinions are nothing more than a memorandum of law.

The question is what is testing this theory? I have carried in the post office without issue. The postmaster in Cincinnati had notice of the law. Did the postal workers notice? Who knows.

There is only one case where a postal worker was prosecuted under 18 USC § 930. The feds lost; firearms were never carried into the building. They were in his car.

The alphabet soup of federal agencies understands 18 USC 930(a) and (d)(3), They cannot plea ignorance of the law.
 

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