Mailman carry, self defense during illegal carry

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    Jul 3, 2008
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    central indiana

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    I can't help you on the federal part, but this might apply if, for example, you use a personal vehicle to deliver the mail and encounter a problem on your route:

    IC 35-41-3-1 Legal authority
    Sec. 1. A person is justified in engaging in conduct otherwise
    prohibited if he has legal authority to do so.

    HOWEVER....

    I would consult and pay for the attorney-client privilege with a good lawyer to discuss specifics.

    Further, if you decide to carry while on the job, KEEP YOUR PIEHOLE SHUT. No one, not your buddy, not your wife, certainly not any of us need to know that you're armed, unless, as you indicated, your life is in danger and you end the threat. The threat should be the only one who can speak against you, provided he was not killed. (I would not wish that (the onus of having killed someone) on anyone.)

    Lastly, I would never advise anyone to violate the law. Were I, hypothetically, a postal carrier, and felt my life to be in danger to the point that I was willing to go to this extreme, I would ensure that I purchased the gun I wanted to carry private-party, that is, without a "paper trail" other than a bill of sale provided hand-written by the prior owner. I might even ask a friend to take the gun to ensure it was not stolen, at the local PD, so that the purchase could not be connected directly to me. I would likewise ensure that the ammo in the magazine had no fingerprints on it. Depending upon the advice of my attorney, I would, if asked, answer only that on the advice of my attorney, I decline to comment on the incident at the time the officers want to discuss it.

    tl;dr to all of this is the red text above.

    Blessings,
    Bill
     

    Bill of Rights

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    Sadly, those people know that the 2A is SUPPOSED to limit the power of the federal government, but the reality is that if they ignore that textual limitation, there really isn't a means in place to sanction them. Case in point: Some of what Obama has done... ok, most of what Obama has done.... has been in conflict with our Constitution. His actions in re: other countries have given direct aid and comfort to enemies of the united States, separately and as a union. However, as long as he knows that the US House is not going to impeach him, and that if they do, the Senate will not find him guilty, and especially if he knows that Chief Justice John Roberts is (hypothetically) in his pocket, there is nothing that can touch him while he is in office. Further, I've never seen anything that limits him from writing himself a Presidential pardon for "any and all acts performed before, during, or after the term of office of President of the United States"; essentially, a permanent "get out of jail free" card.

    Specific to the point, though, it reminds me of the old one-liner, where a guy comes up to a convenience store and tells the clerk, "I was here last night, but you were closed... The sign says 'open 24 hrs'? The clerk replies, "Yeah, but not in a row!"
    The 2A says gov't cannot infringe upon the RKBA. But not EVERYwhere! (note that I don't agree with that premise, it just seems to be the only way they can get around the rationale that some places are "sensitive", a la Heller.

    Blessings,
    Bill



    Interesting how people who got through law school seem to think that the 2A doesn't limit the power of the federal government.

    On the other hand, comey said that there's no grounds to prosecute clinton so the rule of law must not be relevant.
     

    match14

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    I worked for the Brownsburg post office for a bit in 2007, and had training in Indy. From what I remember the trainers made it pretty clear that the Post Office had their own inspectors/detectives (think of Police for the Postal Service), and that if you were caught with any weapons they would bring federal charges on you. So if you used a weapon in legitimate self defense, you would have to deal with that afterward.
     

    Lelliott8

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    Is it actually ILLEGAL, or does the USPS simply not allow it? Either way, the bottom line is this... Your LIFE is more valuable than a job and more precious than any illegitimate law. Break the rules, break the law if you have to. Your life is worth protecting even if you are prosecuted for doing so. But, I'll give you a piece of advice from a wise fellow.. Keep it secret, keep it safe!
     

    HoughMade

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    If you shot someone in Indy, I work in the office that would respond to the call. The federal laws in question would be referred to the Feds and I have no idea what they would do. There's no state law that forbids a mailman to carry, so you're fine there on MY end and has no bearing on if it's a justified shooting or not. You can be a felon in illegal possession of a firearm and it doen't change the legality of the shooting itself, although it potentially opens you up to 'felon in possession' type charges. This would be similar. The shooting is one issue, the carrying another.

    ^ What he said.

    Carrying on federal property is one issue- it's illegal unless you are specifically authorized to carry.

    A self-defense shooting is either justified or not. The illegal carry may or may not be admissible for some reason, but illegal carry does not automaticaly transform an otherwise legitimate self-defense shooting into something else.
     

    Bill of Rights

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    Is it actually ILLEGAL, or does the USPS simply not allow it? Either way, the bottom line is this... Your LIFE is more valuable than a job and more precious than any illegitimate law. Break the rules, break the law if you have to. Your life is worth protecting even if you are prosecuted for doing so. But, I'll give you a piece of advice from a wise fellow.. Keep it secret, keep it safe!

    I'm no lawyer, but I think that the CFR (Code of Federal Regulations?) has weight of law on this, even if there's not a specific statute passed criminalizing carry.
    Further, just a suggestion on my part, but speaking solely for myself, I would never tell someone to "break the law", as it would not surprise me to see some attorney later come back and try to get you for conspiracy, or some such. I don't disagree with the thought that one's life is of greater importance, so in my case, I might say that instead, i.e. "I'd never advise anyone to break the law, but if you have to decide whether to do that or be injured/die... y'know?"

    Further, while there may not be a federal counterpart, there is the following for Indiana state and lower level, that seems to speak to this:

    IC 35-41-3-1 Legal authority
    Sec. 1. A person is justified in engaging in conduct otherwise
    prohibited if he has legal authority to do so.

    Blessings,
    Bill
     

    actaeon277

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    Wasn't there a time when Mailmen were armed?

    MV5BMjE3MjgzNTkzNl5BMl5BanBnXkFtZTcwMjgxMDkyMQ@@._V1._SX299_SY475_.jpg
     

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