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OpenCarry.org - Discussion Forum > Stories From The States > Montana > KALISPELL TRIO - What Say Yea ? Are you ready to fight this ?







KALISPELL TRIO - What Say Yea ? Are you ready to fight this ?
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IDAHO COWBOY
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Joined: Thu Apr 30th, 2009
Location:  
Posts: 276
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 Posted: Sun Oct 18th, 2009 08:37 pm
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http://opencarry.mywowbb.com/forum4/32834.html
 
Get it straight from the source:  http://www.ca5.uscourts.gov/opinions/unpub/08/08-31197.0.wpd.pdf

The states served by this circuit are Texas, Louisiana, and Mississippi.  He was convicted for violating 39 C.F.R. ยง 232.1(l).  CFR is the Code of Federal Regulations -- the rules promulgated under a statute but not the statute itself.  This is precedent, at least for limited purposes (see the footnote on page 1 of the opinion).

It appears that he was an employee who had a gun in his vehicle parked on Postal Service property.

The penalty wasn't addressed but it appears that the penalty is a fine of not more than $50 or more than 30 days in jail (!).  See http://edocket.access.gpo.gov/cfr_2004/julqtr/pdf/39cfr232.1.pdf
 
 
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With many of us Citizens in Montana, Idaho, and Wyoming using the Post Office, Soc Sec, Forest Service, National Park Service, and BLM "public areas" of the parking lots and buildings with ourselves and vehicles has anyone other one person I know WY and myself contacted SAF, GOA, and/or NRA and Congress to get Congress to pass a bill as was done for the National Park Service carry which starts in JAN/FEB 2010.
 
Why should you and I have to park on the public street (to leave our weapons in the vehicle) or leave our weapons at home just so we can go get our mail in a USPS POB or Soc Sec or whatever since we are not allow by foolish BS "rules and regulations / laws" to have weapons in these taxpayer paid public parking lots and public buildings to conduct our official business.
 
Yes, we need the support of Idaho Pro Org's, MSSA, WSSA, and WYGO.
 
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Neplusultra
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Joined: Fri Sep 7th, 2007
Location: Pearisburg, Virginia USA
Posts: 1991
Status:  Online
 Posted: Sun Oct 18th, 2009 10:15 pm
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It would seem to me if there was any place where you might need a gun it would be the Post Office.  After all that's where we get the phrase "going postal" :^).  This is not like a court or other government building or area where security is provided and people must pass through metal detectors to gain access......

brboyer
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Joined: Mon Jul 16th, 2007
Location: Tampa Bay, Florida USA
Posts: 156
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 Posted: Mon Oct 19th, 2009 01:07 am
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He was an employee, not a customer so the Official Purpose defense was out.

 

Here was his real problem:
Dorosan raises one argument on appeal:

Thundar
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Joined: Wed Sep 12th, 2007
Location: Newport News, Virginia USA
Posts: 2822
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 Posted: Mon Oct 19th, 2009 06:05 pm
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My guns are for personal protection.  Read section 101 of the GCA of 1968.

jdgypsy
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Joined: Sun Jun 14th, 2009
Location: Was Meridian ID, Just Moved To Killeen, Texas USA
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 Posted: Mon Oct 26th, 2009 04:01 pm
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May get worse.  The Czar under Obama for OSHA is thinking about passing a Federal Law that will over ride the states in regards to not allowing any one to carry a weapon in their car or on any property of any business regardless of the owners policies.  He is calling it safety in the workplace.  BS. 

So therefore a Wal-Mart employee for example who is a gun owner who carries, will not be able to leave the house with a weapon if he plans on parking in their parking lot since he probalby can't carry it in there, or leave it in the car locked up.  How will this apply to non employees?  Holy !$#%@.  Read this in "American Freedom" magazine I get from NRA. 

JBinMontana
Regular Member


Joined: Wed Sep 10th, 2008
Location: Kalispell, Montana USA
Posts: 260
Status:  Offline
 Posted: Tue Nov 17th, 2009 03:43 pm
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The Czar under Obama for OSHA can kiss our Montana butts, as Justice Scalia ruled back when Sheriff Mack sued the Fed Gov over them trying to dictate rules under the Brady bill.  Justice Scalia rule not once but 3 times that the Federal Government has no say with in the confines of any state on telling them what to do.


As far as the main USP in Kalispell, I do not carry in there as they own the building, but in the PO in Evergreen I carry all the time.  This building is privately rented by the person running it, and the building itself is not covered under the federal law as she is a renter, and not the owner of said building.
 

 

Last edited on Tue Nov 17th, 2009 03:45 pm by JBinMontana


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