Hauling your guns??

[majormadmax]

Does the law differ if you put your guns in the uncovered bed of your truck?

No, I routinely haul numerous rifles in the back of my open Jeep. It's not a good idea to park it unattended somewhere, but there's no law against it because technically the weapons are still in the vehicle. There's nothing in the law that says the vehicle must have doors, windows and/or a top!

Speaking of which, I also go to the local military base where I shoot with the gun bags openly visible when I go through the gate. I have yet to have the guards say anything other than "have fun shooting!" It is the only base in the area that actually has read and understands 18 U.S.C. §930!

Cheers! M2

 

[[BoT] Jack]

Wait. Is that the law that prohibits guns in post offices?

 

[Bithabus]

Wait. Is that the law that prohibits guns in post offices?

§ 930. Possession of firearms and dangerous weapons in Federal facilities



(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(d) Subsection (a) shall not apply to— (1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

I think the Major is referring to (d) (2)

More interestingly, (d) (3) apparently makes it legal for a CHL holder to carry inside a Post Office.

 

[[BoT] Jack]

More interestingly, (d) (3) apparently makes it legal for a CHL holder to carry inside a Post Office.

Exactly my point. It seems to suggest that you are allowed to carry your weapon with you so long as you're obeying the law, but enforcement, as far as I know(I have the impression that carrying into federal buildings is illegal period), does not reflect that. Anyone know of any case law on the subject?

 

[majormadmax]

§ 930. Possession of firearms and dangerous weapons in Federal facilities

(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(d) Subsection (a) shall not apply to— (1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

I think the Major is referring to (d) (2)

More interestingly, (d) (3) apparently makes it legal for a CHL holder to carry inside a Post Office.

Actually, (d)(2) refers to the carry of duty weapons, and not personal ones.

My point is that 18 U.S.C. §930 applies to facilities, further defined as "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties." It does not apply to Federal property, which is why I am allowed to bring my firearms onto the base where I shoot, but I am not allowed to take them into the hunting lodge where I have to check in before going to the actual range.

So technically it is not illegal to bring firearms on a military base, only into facilities/buildings on base.

There has been much debate as to a CHL allowing a person to carry in a post office, but the answer is that statutory authority is found in 39CFR232.1, page 59 states "Weapons and explosives. 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."

So, clear and simple, it's not legal, CHL or otherwise.

Cheers! M2

 

[Bithabus]

Actually, (d)(2) refers to the carry of duty weapons, and not personal ones.

That's not what the law says.

 

[Bithabus]

From 39CFR232.1
2) Whoever shall be found guilty of violating the rules and regulations in this section while on property under the charge and control of the Postal Service is subject to fine of not more than $50 or imprisonment of not more than 30 days, or both. Nothing contained in these rules and regulations shall be construed to abrogate any other Federal laws or regulations of any State and local laws and regulations applicable to any area in which the property is situated.

 

[Harley Rider 55]

View attachment 5171

 

[Nate C]

I agree, because im the example. I get arrested for all kinds of stupid shit. The last time was earlier this year, for having a gun in my pocket while I was in my vehicle. Then for throwing a beer can back inside some dudes car window that threw it out in front of my place, " They said it was assault"...

I got arrested because the cop 'wanted to teach me a lesson'. His exact words.

Don't break the law and you don't get arrested. If you do break the law and get caught, don't throw attitude and then expect a break. It isn't complicated at all. Millions of people go through their entire lives without ever going to jail.

 

[MR Redneck]

Don't break the law and you don't get arrested. If you do break the law and get caught, don't throw attitude and then expect a break. It isn't complicated at all. Millions of people go through their entire lives without ever going to jail.

Yea and some people get to have the burden of some jackass that has no respect for the people they are supose to serve. Just because some people never have this issue, it doesnt mean others wont..
Nobody can tell me that all LE officers conduct themself in a professional manner because I know better. Cops that dont respect the public are no better than the criminals that give them job security.
Your opinion is one sided and pointless when it comes to the subject of people who have had problems with punks wearing badges!

 

[Nate C]

Your opinion is one sided and pointless when it comes to the subject of people who have had problems with punks wearing badges!

My opinion is as valid as your own, but thanks for the cheap shot. I won't dispute that there are unprofessional and rude folks in LE who probably should be working in some other field. I have encountered examples of these guys a few times myself...but it never resulted in my arrest. Now, I wonder what the variable was?

 

[MR Redneck]

My opinion is as valid as your own, but thanks for the cheap shot. I won't dispute that there are unprofessional and rude folks in LE who probably should be working in some other field. I have encountered examples of these guys a few times myself...but it never resulted in my arrest. Now, I wonder what the variable was?

I guess a good Variable would be some people really dont like it when that crap happens to them. Yea, im one of them. I get pissed off when some idiot threatens to haul me to jail for nothing! Even more so when I do get arrested for nothing! I have even been arrested because some dumbass didnt even know what the law was, and I did try to tell him. His CO didnt even know any better.
Wont be the last time either because Texas LE is out of line! No matter what I do or where I go, I pride myself in being able to relate to my fellow man. Just because some Cop says so, doesnt mean its right!
I dont know about you, but I think getting arrested sucks! It has good reason to piss people off!

 

[txinvestigator]

I see a very hostile. aggressive and overreacting person posting in this thread. His attacks on LE and his "it ain't me it's them" attidude certainly affects his life, in more ways than one from my observations here. I also see a self decided sense of importance and "rights" regardless of what others or society may think.

I do not mean this as an insult, but I am sure he will take the opportunity to overreact to this post also. I really feel badly for him.

 

[MR Redneck]

I see a very hostile. aggressive and overreacting person posting in this thread. His attacks on LE and his "it ain't me it's them" attidude certainly affects his life, in more ways than one from my observations here. I also see a self decided sense of importance and "rights" regardless of what others or society may think.

I do not mean this as an insult, but I am sure he will take the opportunity to overreact to this post also. I really feel badly for him.

I dont need you to agree, feel, or defend anything. The comments me and Nate shared are simply how we feel. It's pretty evident that he hasnt had issues with the trash of law enforcement and im happy for em.
Reguardless of what you think, some people have had negative issues to this subject. I myself cant second guess the negativity people encounter because I see it for myself.
Hostile, You bet! Agressive, all the time buddy! Overreacting to a person posting something, not even.
The fact remains unchange. People get screwed by LE all the time , and by no means do I think anyone should submit to it.
Go investigate the two dumbass in Dallas that beat the shit out of that guy recently any tell me that was some good law enforcement. The guys charges were dropped and now he'll be getting a bunch of Tax payers dollars.
Fluff it up however you want to, I'll tell it like it is!

 

[[BoT] Jack]

Don't break the law and you don't get arrested. If you do break the law and get caught, don't throw attitude and then expect a break. It isn't complicated at all. Millions of people go through their entire lives without ever going to jail.

Ass u me.

1. Having a gun in your pocket while in your vehicle is not illegal. In fact, it is specifically stated as legal in state law(must conceal, don't need a license).
2. I broke no laws that day, nor did I have an attitude. Word for word what the cop said to me: "I know you did nothing wrong, but I want to teach you a lesson."
3. With the sheer number of retarded laws on the books, it's impossible not to break some. Why just yesterday I was walking barefoot on the sidewalk(a crime in some places).

Care to make anymore asinine statements?

 

[MR Redneck]

Ass u me.

1. Having a gun in your pocket while in your vehicle is not illegal. In fact, it is specifically stated as legal in state law(must conceal, don't need a license).
2. I broke no laws that day, nor did I have an attitude. Word for word what the cop said to me: "I know you did nothing wrong, but I want to teach you a lesson."
3. With the sheer number of retarded laws on the books, it's impossible not to break some. Why just yesterday I was walking barefoot on the sidewalk(a crime in some places).

Care to make anymore asinine statements?

Hey man, the exact same thing happened to me on March 16 by the Odessa PD. The dumb SOB's even called their CO and he instructed them to arrest me. They took the gun out of my right pocket and my brand new $40 Gerber out of my left. A couple days later when I got all the charges dropped and they were calling me with sorrow, I went to the Cops Shop to get my stuff. Some nice lady brought my gun out to me from evidence and she didnt have my knife.. I asked her about it and she said thats all she had and the Cop didnt document anything else. She asked if the Cop had it and I said he took it out of my pocket while I had hand cuffs on.. The POS Cop STOLE my brand new Gerber. I hope he cut himself with it and gets gang green!!
OBTW, Im suing their ass's over it too!! And believe it or not, I was actually nice to them except when the Idiot had a cowboy action pistol pointed at me while trying to unload it!

 

[txinvestigator]

The last three posts make my point perfectly. One HUGE chip on someone's shoulder. I don't think I'll put much stock into the inane rantings of a person who, "gets arrested for stupid shit all of the time".

And here I allowed myself to be drug down to their level........

My apologies to the rest of you. I'll leave this thread alone now; it is headed to the trash quickly.

 

[MR Redneck]

The last three posts make my point perfectly. One HUGE chip on someone's shoulder. I don't think I'll put much stock into the inane rantings of a person who, "gets arrested for stupid shit all of the time".

And here I allowed myself to be drug down to their level........

My apologies to the rest of you. I'll leave this thread alone now; it is headed to the trash quickly.

Yes you should apologize to everyone, because getting arrested without doing anything wrong is some stupid shit.
If it offend you then I agree, because it offends me to.
Getting arrested when your trying to obay the law really sucks and it doesnt make me want to sing and dance in the street either!!
When some Cop steals my stuff, it tends to tick me off!
Nothin personal toward you mr. Investigator, if it makes you feel better, I have some friends who are cops. I think very highly of them and yea, they often talk shit about redneck!
They dont offend me because I know rednecks can be POS's just like anybody else can.
The Moral of this story is, it doesnt matter what title people hold, its their actions that make them good people..

 

[[BoT] Jack]

The last three posts make my point perfectly. One HUGE chip on someone's shoulder. I don't think I'll put much stock into the inane rantings of a person who, "gets arrested for stupid shit all of the time".

And here I allowed myself to be drug down to their level........

My apologies to the rest of you. I'll leave this thread alone now; it is headed to the trash quickly.

Oh, I am sorry. I didn't know it was so horrible of me to point out that there are bad cops out there that do bad things and that I was a victim of one such cop.

Hey man, the exact same thing happened to me on March 16 by the Odessa PD.

lol That's not why I was arrested. I was pointing out that it was asinine for him to claim you broke the law and deserved to be arrested, when clearly you did not.

 

[MR Redneck]

Oh, I am sorry. I didn't know it was so horrible of me to point out that there are bad cops out there that do bad things and that I was a victim of one such cop.

lol That's not why I was arrested. I was pointing out that it was asinine for him to claim you broke the law and deserved to be arrested, when clearly you did not.

Well fine then!@
Well tell what law you didnt brerak and got your butt locked up for.. We might need a new club.