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08-17-2010, 08:14 AM
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Is It Legal to Carry a Pocketknife in the Post Office?
Although the post office is supposedly private now, it still has signs saying that it is a Federal facility and that weapons are banned. Does that include ordinary pocketknives?
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08-17-2010, 08:27 AM
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Quote:
Originally Posted by Texas Star
Although the post office is supposedly private now, it still has signs saying that it is a Federal facility and that weapons are banned. Does that include ordinary pocketknives?
T-Star
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A weapon is a weapon. That ordinary pocket knife cannot be carried into a courthouse or on a commercial airliner.
While I disagree with the limits placed on us in many places, the law is the law and we should all adhere to the law.
However, I keep guns in all my vehicles and I drop things off at the post office. The guns will remain in the car but I go inside. Yes, it is still against the law and one day I may regret doing such since it would, beyond a doubt, put me in a Federal prison for several years. Just one person see a gun, a random vehicle search, an accident or many other things can get me in trouble for having the gun. I just refuse to leave my gun elsewhere so I can drive onto Federal property.
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08-17-2010, 08:37 AM
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I've used my Case Stockman (6375CV) 3 blade pocketknife in the post office to cut tape while shipping out Christmas packages and the Postal Clerk didn't say or seem to care one bit. It has a 3.75 or so inch blade. 'Course a non locking, bone handle knife that looks like Grandpa's isn't as snazzy looking as them "tactical" knives that seem to be rage these days...
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08-17-2010, 08:59 AM
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I go in and out of the Post Office all the time with my Kershaw Leek clipped in my right hand pocket and never give it a second thought.
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08-17-2010, 09:13 AM
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Eh, maybe, maybe not. Technically you're only supposed to have a blade around 2 1/2" or less on a Federal facility. A number that is buried in some statute or another. Though on base, the few times anyone measures it, they just set the blade across the palm of the hand, if it is smaller, then they say it is okay. That comes out to about 3.5".
The section of 18 USC quoted at the post office on the signs refers mainly to carry of a weapon with unlawful intent. It's unclear if it would even apply to a permit holder carrying a pistol, let alone a pocket knife.
You can either take your chances or go to a private mailbox service.
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08-17-2010, 09:27 AM
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Quote:
Originally Posted by wogentry
I've used my Case Stockman (6375CV) 3 blade pocketknife in the post office to cut tape while shipping out Christmas packages and the Postal Clerk didn't say or seem to care one bit. It has a 3.75 or so inch blade. 'Course a non locking, bone handle knife that looks like Grandpa's isn't as snazzy looking as them "tactical" knives that seem to be rage these days...
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I think a lot depends on whether you try that in a Post Office in dowtown New York vs somewhere in the Texas panhandle. It's called common sense gentlemen  -the lack thereof which keeps me in business
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08-17-2010, 09:47 AM
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Quote:
Originally Posted by GatorFarmer
Eh, maybe, maybe not. Technically you're only supposed to have a blade around 2 1/2" or less on a Federal facility. A number that is buried in some statute or another. Though on base, the few times anyone measures it, they just set the blade across the palm of the hand, if it is smaller, then they say it is okay. That comes out to about 3.5".
The section of 18 USC quoted at the post office on the signs refers mainly to carry of a weapon with unlawful intent. It's unclear if it would even apply to a permit holder carrying a pistol, let alone a pocket knife.
You can either take your chances or go to a private mailbox service.
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Taking the chance is what bothers me. Unless I have to pick up a postal package, I do usually use a UPS location.
I leave the knife in the car, where it should be okay at the nearest post office, which is in a strip shopping center. At the larger post office, it is on its own land with a fence, and it might be illegal to even enter the fenced area with a knife in the car. But they don't have any cops to search cars.
Gator, are you saying that they even check for knives on Naval bases?
This may be something after 9-11-01. When I was an Air Force cop, we never had any knife issues after basic training and tech school. I carried a medium Case stockman knife in my trousers and an I*XL scout knife in my parka.
I think we had to leave hunting knives in the orderly room and check them out before a hunt or a fishing trip. But another squadron on that base didn't bother the NCO barracks, and I knew a guy who kept his Randall Model 4 in his room. It had a five or six-inch blade.
Flying personnel certainly had sheath and pocket knives, and no one blinked. That also applied to visiting Navy planes.
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08-17-2010, 10:01 AM
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I don't know whether TX law or Federal law applies here. In TX a knife with a blade longer than 5 1/2 inches is considered a weapon. In addition all switchblade knives are considered weapons.
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08-17-2010, 10:04 AM
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Quote:
Originally Posted by Texas Star
Gator, are you saying that they even check for knives on Naval bases?
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The Navy recently cracked down even further on weapons, for example, even officers can't store personally owned firearms save in family housing. You're also supposed to call base security any time you move a firearm or have it in your car to let them know - going to the range, picking one up at the store, going hunting, etc. Knife rules seem to have tightened up as well.
I live on a Marine base, everyone still has relatively large folding knives in terms of the Weapons BN and DIs. However the Marines are also more gun friendly than the Navy and perhaps any other service. There's still abig sign with a picture of a Beretta M9 with the red circle and line through it as you arrive, saying that possession of unauthorized firearms/weapons is verboten and entry onto the base gives permission to search.
The only time that knives really became an issue was going on board a ship. Enlisted personel (save senior chiefs) had to go through a metal detector. At this point the guards would give your knife the hand test. Officers and chiefs didn't have to go through the detectors, this is how the chaplain used to smuggle his booze onto the carrier that my wife was on.
OGA types might or might not have to be going through the detectors/search. It depended on if you were there to cook meals or teach school compared to some of the "you were never there" things.
The Captain not only had his own cook to make him what he wanted, but could authorize people to carry a weapon on his ship or do as he wanted. If he (or she) for some reason wanted to wear around a sword, I suppose it would have technically fine.
Circa 2000 you were supposed to bring a Leatherman tool or similar to Airforce OTS, though the booklet said personally owned knives and weapons weren't allowed. Go figure.
Most Navy MAs (Masters at Arms) were at one point deployed to assist the Army, thus most anyone who could be dragooned into the job (which was unpopular because of the hours worked and because people hate you) was made an MA for a while or served such in addition to whatever else they did. Sometimes departments were told to give someone up for MA duty. Obviously, the most effective and brightest people weren't the ones that a commander passed along. Sometimes it was the people who couldn't be trusted to correctly chip paint. Thus training was kept simple,hence the palm test. Regular MAs may well have had rulers.
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08-17-2010, 10:19 AM
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Quote:
Originally Posted by jpwhel
I don't know whether TX law or Federal law applies here. In TX a knife with a blade longer than 5 1/2 inches is considered a weapon. In addition all switchblade knives are considered weapons.
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Yeah, but I mean a Swiss Army knife. It's easily legal under Texas law.
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08-17-2010, 10:31 AM
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Not sure about knives, but my post office doesn't allow whistling as it might wake up the employees...
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08-17-2010, 10:43 AM
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Quote:
Originally Posted by oldman45
A weapon is a weapon. That ordinary pocket knife cannot be carried into a courthouse or on a commercial airliner.
While I disagree with the limits placed on us in many places, the law is the law and we should all adhere to the law.
However, I keep guns in all my vehicles and I drop things off at the post office. The guns will remain in the car but I go inside. Yes, it is still against the law and one day I may regret doing such since it would, beyond a doubt, put me in a Federal prison for several years. Just one person see a gun, a random vehicle search, an accident or many other things can get me in trouble for having the gun. I just refuse to leave my gun elsewhere so I can drive onto Federal property.
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You may be incorrect in assuming that it is illegal for you to have your firearm in your vehicle while it is parked in the public parking lot of the U.S. Post Office.
I don't know if a pocket knife is considered a dangerous weapon and thus banned from the public areas of the U.S. Post Office building. The definition of "dangerous weapon" might not be defined anywhere. I personally have taken my small pocket knife into the Post Office. I suppose that if I am in violation, I could be asked to leave. If I were an attorney, I might contest the action in court. Since I am not, I'd probably just leave as asked. Neither scenario is likely as I don't display the small tool (pocketknife) and they don't search me when I go in to buy stamps and mail parcels or letters.
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08-17-2010, 11:01 AM
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I always carry a clipped knife without a second thought, and I usually see people in there with box cutters.  In high school I occasionally carried my first generation pocket/multi tool. If a kid did that today I'm sure it would land them in county jail or something to that equivalent.
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08-17-2010, 11:11 AM
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Quote:
Originally Posted by CAJUNLAWYER
I think a lot depends on whether you try that in a Post Office in dowtown New York vs somewhere in the Texas panhandle....
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In New York we worry more about the Postal workers.
......moon
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08-17-2010, 11:34 AM
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Just wondering where the new assisted opening knives stand on legality ??
Have seen then in all sizes,small,1.5in,to medium large,3.5in..
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08-17-2010, 11:58 AM
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Assisted opening are not considered switchblades under the law. Customs did recently propose considering them as such for their purposes but the uproar was deafening and I haven't heard anything in a while.
Bob
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08-17-2010, 12:03 PM
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Federal Law prohibites any weapons to be carried in any federal office or building including a post office, IRS, social security. However, if you go into a store that sells stamps or has a small post office inside it should be a "contract post office" pursuant to 39 CFR 241.2. Such a site should not be considered a federal office or building as the regulation defines it as being wholly private.. Thus, there should be nothing illegal if hou have a valid CWP on you.
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08-17-2010, 12:17 PM
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My local postmaster once told me that anything over 2 1/2 inches is not allowed,so I just use my sub two inch blade in the post office now,but I still carry the biggest knife WV law allows,which is 3 1/2.
And of course after he told me this during deer season I saw a guy in there with a hunting belt knife on! so I just play dumb and use the smaller one if I need to and keep the bigger one in my pocket.
Like Cajun said depends on where you're at,if it was my home state of CA I'd bet a pen knife would warrant a call to the local SWAT by the scared senseless PO employee
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08-17-2010, 12:40 PM
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Just dont broadcast it......you should be fine.
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08-17-2010, 12:52 PM
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I'm a retired police officer and carry a firearm into the post office almost every day. I didn't say I was right, I just do it. I am covered under HB218, which allows all full-time active and retired law enforcement officers to carry in all 50 states. I haven't tested any of those qualifications, but I carry a concealed firearm absolutely everywhere I go.
I have served on jury duty in downtown Cleveland and when I show the Deputy my badge he just ushers me around the metal detector.
All the 'no firearms allowed' signs mean to me is that the bad guys can feel relatively safe in carrying their weapons without interference.
I will not be a victim, and I will not allow my wife to be hurt in any matter.
No room for discussion on this subject with me.
Semper fi,
Dave Swaffield
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08-17-2010, 01:04 PM
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My Postmaster said he didn't believe me when I told him I didn't bring a gun into the post office. I am not sure what he would say if I told him I didn't have my knife
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08-17-2010, 06:56 PM
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Ahh.. You can't have a weapon in the Post Office. Now I know why postal workers act like they have no brains, they had to leave them at home before going into work.
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08-17-2010, 09:54 PM
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As said before, it's a matter of common sense. I work security on a Federal contract and go, in uniform and armed, into several local post offices, usually greeting the post master by name.
Of course, I live in the rural South.  Location counts for a LOT.
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08-17-2010, 09:59 PM
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I've been carrying a pocket knife since the 3rd grade. Carried it at School, into Banks, Post Offices, Police Stations, and Court Buildings. In nearly 50 years nobody has ever asked me about my pocket knife, even when I've had to tray it at metal detectors. At most, I've been told that they'll hold it for me and I can pick it up when I leave. Frankly, I don't think you have anything to worry about as long as it's a small one.
BTW, my current pocket knife has a blade length of 1.7 inches. Not very imposing, however I do keep it sharp enough to shave with. So, in a crunch it could serve pretty well as a weapon.
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08-17-2010, 10:06 PM
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My pocket knife is a tool. If I'm forced to use it as a weapon, I'm in big trouble.
Just after 9/11, I went onto Tinker AFB to pick up a load. Security was high, as you might guess. When asked about "weapons", I told the MP that I had a hunting knife in my tool box. He said he wasn't asking about tools, so that was good enough for me.
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08-17-2010, 10:11 PM
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The post office sign says guns are banned except for "official use". As far as I am concerned, licensed CCW is "Official use".
No, I will not be a test case, but if I am on your jury, you won't be convicted if all you were doing was carrying in a PO with a CCW license.
As far as a pocket knife, if I have my pants on, I have my knife with me.
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08-17-2010, 10:14 PM
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Who's gonna protect me from some postal employee "Going Postal"
DG
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08-17-2010, 10:37 PM
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Quote:
Originally Posted by GatorFarmer
The section of 18 USC quoted at the post office on the signs refers mainly to carry of a weapon with unlawful intent. It's unclear if it would even apply to a permit holder carrying a pistol, let alone a pocket knife.
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Didn't they write a new law within the last year or so making it clearly illegal to carry in the PO, doing away with the whole "unlawful intent" gray area?
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08-17-2010, 10:53 PM
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I was a contractor to the USPS and I carried my Gerber Multitool and my Gerber LST everwhere I went. I used one or another of them almost every day and worked with ET10s, maintenance supervisors and managers. No one ever said anything to me at all. Of course, most of them have some sense. I've caught a few sleepers. One looked like he was going to give me some attitude but I threatened him with the OIG and he took right off.
Russ
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08-17-2010, 11:08 PM
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Since 1967 I've carried a Swiss Army knife while in the Army, in CONUS and RVN, and while in the civil service for 20 years on Fort Bliss. Had to use it occasionally for this and that; never had any trouble. The only time I've had to turn it over was going into the County Court House downtown; I had to give it up.
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08-18-2010, 01:36 AM
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I don't carry a gun into the PO. I think the law is fairly clear on it, at least to me. But in Arizona, a knife is not a weapon until you use it as a weapon (thats where the unlawful intent would come in). I am never without at least a stockman, except on a plane or in a courthouse.
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08-18-2010, 02:55 AM
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Quote:
Originally Posted by RufusG
Didn't they write a new law within the last year or so making it clearly illegal to carry in the PO, doing away with the whole "unlawful intent" gray area?
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Possible. But was it a change to the USC or to the CFR?
See, CFRs aren't exactly laws, not when they conflict with an actual law...
South Carolina's LE Division - the people that issue permits, last I checked, said you were fine so long as you didn't go behind the counter.
Shrug.
Under Federal Law anything over 2.5" is verboten as a deadly weapon, though of course pre 9/11 you could fly with a great many common knives on your person since the palm test was the usual one with pre Federalized airport security.
Violation of the CFR, unless the penalties have changed, is a 50 dollar fine and possibly 30 days in prison. Violation of the USC ... eh, it's a year max. You'll theoretically do more time downloading movies or recording an NFL game without the express written consent of the NFL.
Various lawyers opine differently, as do various post masters. Try not to shoot anyone while you're actually at the post office. If you have to, well then you had to, and worrying about the US Attorney for your area being underworked enough to prosecute is the least of concerns.
Seperating the postal facilities from other Federal facilities is that one doesn't give a theoretical consent to a search while on the premises.
It also falls under the "not an enforcement priority" schtick currently, unless someone is making themselves a problem.
So in summary - if someone really doesn't like taking chances or is just plain too pretty for prison, then don't carry anything vaguely pointy sharp or menacing into the post office, let alone a gun. For everyone else, they can run their own cost benefit analysis and decide what they want to do.
If you're caught, try either bolting out the door or else crying a lot and pretending to be really stupid. Judges get annoyed by people that they think ought have known better, but tend to just take things as "well of course he did, he's apparently an idiot, oh well..." Like most things, fleeing the scene helps since if you're not caught red handed on postal property with what is a gun, it is whoever's word against yours as to how you had your favorite airsoft pistol with you in order to mail it to grandma and someone saw it and paniced. Your lawyer can help explain why you got scared and ran and why you later had a real firearm.
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08-18-2010, 06:01 AM
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Quote:
Originally Posted by AZretired
I don't carry a gun into the PO. I think the law is fairly clear on it, at least to me. But in Arizona, a knife is not a weapon until you use it as a weapon (thats where the unlawful intent would come in). I am never without at least a stockman, except on a plane or in a courthouse.
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But do you carry TO the post office? Having a gun in your car while on postal property carries the same penalty.
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