Private business in federal building

**DrillNFill** · September 23rd, 2017, 01:52 AM

Interesting question,

I know someone who owns a private business that is a tenant of a post office owned building. The business has its own private entrance opening onto the parking lot (kind of like a strip mall) but the post office is next door, and the complex is owned by the USPS.

Am I correct in assuming it would be a federal offense to carry there, or for the business owner to keep a firearm on the premises? He leases the space from USPS. Is it even legal to leave a firearm secured in the car in the parking lot?

For the record, I did go to this business but unarmed because I felt it was a "gray area" at best. I would like to get the opinions of those better informed than I.

**tl_3237** · September 23rd, 2017, 05:01 PM

Originally Posted by DrillNFill

Interesting question,

I know someone who owns a private business that is a tenant of a post office owned building. The business has its own private entrance opening onto the parking lot (kind of like a strip mall) but the post office is next door, and the complex is owned by the USPS.

Am I correct in assuming it would be a federal offense to carry there, or for the business owner to keep a firearm on the premises? He leases the space from USPS. Is it even legal to leave a firearm secured in the car in the parking lot?

For the record, I did go to this business but unarmed because I felt it was a "gray area" at best. I would like to get the opinions of those better informed than I.

There are 2 Federal laws in play: 18 USC 930 and 39 CFR 232.1.

Assuming that the property is leased by the USPS for the exclusive use of the tenant then the prescriptions of 232.1 do not apply:

§ 232.1 Conduct on postal property.
(a)Applicability. This section applies to all real property under the charge and control of the Postal Service, to all tenant agencies, and to all persons entering in or on such property. This section shall be posted and kept posted at a conspicuous place on all such property. This section shall not apply to -

(i) Any portions of real property, owned or leased by the Postal Service, that are leased or subleased by the Postal Service to private tenants for their exclusive use;

For 930, if there are no Federal employees in the leased area and it is physically separate then 930 would not apply:

(g) As used in this section:
(1) The term “Federal facility” means 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 dutie

Furthermore 930 requires posting or actual notice by the USPS to be enforceable:

(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.

**DrillNFill** · September 26th, 2017, 10:40 AM

Thanks for the reply

yes its a private office with its own entrance seperate from the post office, nothing is posted on or around the door. No USPS employees go in there, the office is separated from the PO by a common wall, they are all under the same roof and share the same parking lot. Would it be spelled out in the lease if firearms were prohibited on the leased property or the parking lot?

**mmi** · September 26th, 2017, 12:45 PM

i took my aunt to the Dr once and one of the other tenant was some federal court thing .

**olderguy** · September 26th, 2017, 12:51 PM

Many years ago, I entered my local US Post Office after there had been a Post Office shooting. I joked with the guy at the counter asking if it was safe to come in. His reply was "Don't worry, you're safe, we only shoot our own."

**Berncly** · September 28th, 2017, 07:23 AM

Originally Posted by olderguy

Many years ago, I entered my local US Post Office after there had been a Post Office shooting. I joked with the guy at the counter asking if it was safe to come in. His reply was "Don't worry, you're safe, we only shoot our own."

Nothing like a little cold hard truth.

**unclejumbo** · September 28th, 2017, 07:30 AM

I carry guns into the post office all of the time.

They ship them for me.

**Marcus99** · September 28th, 2017, 07:43 AM

friend of mine has a post office in his house, literally. He leases them a room at the front of his house. They have their own entrance door, but there is also a door that goes right into his living room. When he gets his mail delivered the man/woman literally walks into his living room and sets it on his desk.