Ban on guns in post offices is unconstitutional, US Judge Rules

[cycleguy2300]

"lawful performance of official duties"

So you are SOL off the clock. Total BS.

My "official duties" dont stop when I stop being paid TX CCP will back me up

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[cycleguy2300]

BUT only if you are on the clock. The language of these laws is very slippery.

Texas CCP does not distinguish between "on-duty" and "off-duty"
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Art. 2.13. DUTIES AND POWERS. (a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means.

(b) The officer shall:

(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime
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To that end, I carry a handgun in the exercise of my duties.

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[Renegade]

My "official duties" dont stop when I stop being paid TX CCP will back me up

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It is a federal offense, so federal definition of official duties. Decades of Federal Case Law. Former Fed here, we had to deputized local to get around it.

 

[Wiliamr]

Texas CCP does not distinguish between "on-duty" and "off-duty"
********
Art. 2.13. DUTIES AND POWERS. (a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means.

(b) The officer shall:

(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime
********
To that end, I carry a handgun in the exercise of my duties.

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I agree totally. Back in early mid 70's HPD position was you were "on duty" 24 - 7. Texas law pretty much allowed the same thing, BUT arguments were made that the official schedule for patrol officers dictated "official duty time" I can not remember exactly what kicked those issues into gear, but some changes were made.

 

[MountainGirl]

...

The logic used being that the 2nd Amendment does not specify the "arms" used by the "militia" and hence where not specifically prohibited, it can be regulated. In my opinion (which will not even get you a used Starbucks cup in a competent court of law) that logic is flawed in several ways. Mainly, the 2nd Amendment is not a gift to the people, it is a restriction on Government. Hence the government can not define what is "allowed" to the people. The 2nd Amendment dictates what the people allow the government.

That. In spades.

 

[MountainGirl]

And before one specific judge.

I would doubt the US Attorney will appeal it. Take the L on this one charge/case and not risk anything bigger. Could lead to a vacate of USC930, some building s would survive, but others like National Parks Visitor Centers would not.

And that.

 

[cycleguy2300]

It is a federal offense, so federal definition of official duties. Decades of Federal Case Law. Former Fed here, we had to deputized local to get around it.

It's something I'm willing to risk/fight given my rights protected in 2a and my duties as described by Texas CCP.

Many times, officers have been off the clock, and gotten involved in a deadly force incident stopping a robbery or shooting etc and their departments said they were exercising their official duties.

I've counted the cost and would rather be a martyr than a victim.

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[Wiliamr]

It's something I'm willing to risk/fight given my rights protected in 2a and my duties as described by Texas CCP.

Many times, officers have been off the clock, and gotten involved in a deadly force incident stopping a robbery or shooting etc and their departments said they were exercising their official duties.

I've counted the cost and would rather be a martyr than a victim.

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If Sir, you ever run afoul of the bastards.... I will help break you out.

 

[DocBeech]

Something to think about.

1) You can legally carry a firearm into a Bank.
2) They don't want you to legally carry a firearm into the post office?

I mean really... You can in a bank... Just let that settle.

 

[Wiliamr]

Something to think about.

1) You can legally carry a firearm into a Bank.
2) They don't want you to legally carry a firearm into the post office?

I mean really... You can in a bank... Just let that settle.

Post Office is Federal Property, different laws apply.

 

[motorcarman]

If the 11th Circuit upholds the FL ruling, it could set up a circuit split and make the issue ripe for cert. by SCOTUS.

At that point the question becomes if a Post Office is a "sensitive place" per Bruen.

Courts, LE facilities, schools, and even hospitals are considered "sensitive places" depending on the state.

There is a reasonable chance SCOTUS would consider postal facilities to be the same.

Not that I like it, because as others have noted it's a PITA to have to stash a gun to go into one.

Maybe a SENSITIVE PLACE was because 'way back when' there was a phrase "GOING POSTAL" or "THE GUY WENT POSTAL".

It seems many postal employees were bringing firearms to work and "OFFING' people that pissed them off?

I haven't heard that phrase in many years but I still remember news stories about disgruntled Postal People.

 

[Renegade]

Maybe a SENSITIVE PLACE was because 'way back when' there was a phrase "GOING POSTAL" or "THE GUY WENT POSTAL".

It seems many postal employees were bringing firearms to work a "OFFING' people that pissed them off?

I haven't heard that phrase in many years but I still remember news stories about disgruntled Postal People.

Well this is the perfect case to find out since the defendant was a postal worker

Of course the ban predates anyone going postal.

 

[DoubleDuty]

Maybe a SENSITIVE PLACE was because 'way back when' there was a phrase "GOING POSTAL" or "THE GUY WENT POSTAL".

It seems many postal employees were bringing firearms to work a "OFFING' people that pissed them off?

I haven't heard that phrase in many years but I still remember news stories about disgruntled Postal People.

Yeah they had shootings by nut jobs they fired. So the law abiding get punished.

 

[BRD@66]

Yeah they had shootings by nut jobs they fired. So the law abiding get punished.

SNAFU