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Posted: Mon Aug 20, 2007 2:36 pm
by familyman
Is it likely that a LEO will enforce a federal law in regards to CHL holder and yet will not enforce a federal law against an illegal immigrant? I think HPD is against enforcing federal laws.
:???:

Posted: Mon Aug 20, 2007 2:46 pm
by Mithras61
shaggydog wrote:
Reloader wrote:If i understand the situation now, the PO is only hiring PRE-gruntled employees... :grin:
Is it not a fact that, in order to be disgruntled one must FIRST be gruntled? (Hoo boy! This is gonna start a snowball) :lol:
Not really:
Disgruntled
Main Entry: dis·grun·tle
Pronunciation: dis-'gr&n-t&l
Function: transitive verb
Inflected Form(s): dis·grun·tled; dis·grun·tling /-'gr&nt-li[ng], -'gr&n-t&l-i[ng]/
Etymology: dis- + gruntle to grumble, from Middle English gruntlen, frequentative of grunten to grunt
Date: 1682
: to make ill-humored or discontented -- usually used as a participial adjective <they were a very disgruntled crew -- Flannery O'Connor>
- dis·grun·tle·ment /-t&l-m&nt/ noun
From this, we might surmise that disgruntled means that you have been denied the right to grumble & complain.

On the other hand, gruntled has entered common colloquial usage as being happy or contented, so I supposed from a purely colloquial usage, that may be so...

Posted: Mon Aug 20, 2007 3:28 pm
by elwood blooz
The PO windows were addressed but what about the Shipping stores where the mail is collected & picked up by the post office and also the others, UPS, DHL, Fedex and such? These are usually in a strip center or such, like the one I'll be heading to shortly.

Posted: Mon Aug 20, 2007 3:34 pm
by Xander
elwood blooz wrote:The PO windows were addressed but what about the Shipping stores where the mail is collected & picked up by the post office and also the others, UPS, DHL, Fedex and such? These are usually in a strip center or such, like the one I'll be heading to shortly.
Since those premises aren't owned or leased by the USPS, you'd be fine. It's no different than your own driveway, where the USPS delivers and drops off mail at your mailbox.

Posted: Mon Aug 20, 2007 3:41 pm
by sailor2000
So it is legal to ship a rifle through the USPS, it is just not legal to get it to the counter or pick it up when it arrives? Or is that official business?

Posted: Mon Aug 20, 2007 3:44 pm
by elwood blooz
Xander wrote:
elwood blooz wrote:The PO windows were addressed but what about the Shipping stores where the mail is collected & picked up by the post office and also the others, UPS, DHL, Fedex and such? These are usually in a strip center or such, like the one I'll be heading to shortly.
Since those premises aren't owned or leased by the USPS, you'd be fine. It's no different than your own driveway, where the USPS delivers and drops off mail at your mailbox.
Thanks Xander!

Posted: Mon Aug 20, 2007 4:58 pm
by anygunanywhere
I have shipped a rifle through the USPS. I carried it right into the League City PO, placed it on the counter, told her what it was. She already knew what to do. She even made me Xerox copies of the rules. Her son was in line behind me and we talked about guns for about 10 minutes while we completed averything.

Never brought up concealed carry, though.

Kel-Tec sent a P3AT back to me through the mail.

Anygun.

Posted: Mon Aug 20, 2007 5:23 pm
by txinvestigator
familyman wrote:I think HPD is against enforcing federal laws.
:???:
All Texas LE agencies are. Texas Peace Officers have NO authority to enforce Federal Laws, unless the specific Peace Officer has been sworn in as a Fed. That usually only happens with task forces using locals and Feds.

Posted: Mon Aug 20, 2007 5:58 pm
by txinvestigator
Photoman wrote:
txinvestigator wrote: No, a Texas LEO cannot "detain" you for violation of a federal law. Unless you can show me the law that grants them said authority.

It's in there. The Postmaster can grant authority to local law enforcement.
No, it is not "in there". There is a reason I asked him to "show me". That reason is because there is no such law. Asking to "show me" was to prevent the "trust me, its there" response.

Texas Peace Officers get their authority from the Texas Code of Criminal Procedure. That authority does not include enforcing federal laws.

There is federal law stipulating how federal LE obtains their authority. It does not include the postmaster granting authority to non-federal employees.

However, to be fair, if you can show me the law, I will apologize and tell everyone that I am NOT smarter than a 5th grader. ;)

Posted: Mon Aug 20, 2007 6:02 pm
by ShootingStar
switch,

If you know that you will be convicted of a Class A or B misdemeanor, you can surrender your license by mailing it back the to DPS with a letter stating the following: "I surrender my license in leu of revocation".

This will buy you two years according to my last DPS instructor class. You will still loose it for five years, but five is better than seven.

ss

Posted: Mon Aug 20, 2007 6:21 pm
by Photoman
txinvestigator wrote:
Photoman wrote:
txinvestigator wrote: No, a Texas LEO cannot "detain" you for violation of a federal law. Unless you can show me the law that grants them said authority.

It's in there. The Postmaster can grant authority to local law enforcement.
No, it is not "in there". There is a reason I asked him to "show me". That reason is because there is no such law. Asking to "show me" was to prevent the "trust me, its there" response.

Texas Peace Officers get their authority from the Texas Code of Criminal Procedure. That authority does not include enforcing federal laws.

There is federal law stipulating how federal LE obtains their authority. It does not include the postmaster granting authority to non-federal employees.

However, to be fair, if you can show me the law, I will apologize and tell everyone that I am NOT smarter than a 5th grader. ;)



From Title 39 Part 232 Section 232.1:


(q) Enforcement. (1) Members of the U.S. Postal Service security force shall exercise the powers provided by 18 U.S.C. 3061(c)(2) and shall be responsible for enforcing the regulations in this section in a manner that will protect Postal Service property and persons thereon.

(2) Local postmasters and installation heads may, pursuant to 40 U.S.C. 1315(d)(3) and with the approval of the chief postal inspector or his designee, enter into agreements with State and local enforcement agencies to insure that these rules and regulations are enforced in a manner that will protect Postal Service property.

(3) Postal Inspectors, Office of Inspector General Criminal Investigators, and other persons designated by the Chief Postal Inspector may likewise enforce regulations in this section.

Posted: Mon Aug 20, 2007 6:27 pm
by txinvestigator
Photoman wrote:
txinvestigator wrote:
Photoman wrote:
txinvestigator wrote: No, a Texas LEO cannot "detain" you for violation of a federal law. Unless you can show me the law that grants them said authority.

It's in there. The Postmaster can grant authority to local law enforcement.
No, it is not "in there". There is a reason I asked him to "show me". That reason is because there is no such law. Asking to "show me" was to prevent the "trust me, its there" response.

Texas Peace Officers get their authority from the Texas Code of Criminal Procedure. That authority does not include enforcing federal laws.

There is federal law stipulating how federal LE obtains their authority. It does not include the postmaster granting authority to non-federal employees.

However, to be fair, if you can show me the law, I will apologize and tell everyone that I am NOT smarter than a 5th grader. ;)



From Title 39 Part 232 Section 232.1:


(q) Enforcement. (1) Members of the U.S. Postal Service security force shall exercise the powers provided by 18 U.S.C. 3061(c)(2) and shall be responsible for enforcing the regulations in this section in a manner that will protect Postal Service property and persons thereon.

(2) Local postmasters and installation heads may, pursuant to 40 U.S.C. 1315(d)(3) and with the approval of the chief postal inspector or his designee, enter into agreements with State and local enforcement agencies to insure that these rules and regulations are enforced in a manner that will protect Postal Service property.
(3) Postal Inspectors, Office of Inspector General Criminal Investigators, and other persons designated by the Chief Postal Inspector may likewise enforce regulations in this section.
Read carefully. They can enter into agreements with AGENCIES. And ONLY with approval from the Chief Postal Inspector or his designee. Can you name ANY LE agencies that have such agreements in place?

surrender in lieu of revocation.

Posted: Mon Aug 20, 2007 6:41 pm
by switch
ShootingStar wrote:switch,

If you know that you will be convicted of a Class A or B misdemeanor, you can surrender your license by mailing it back the to DPS with a letter stating the following: "I surrender my license in leu of revocation".

This will buy you two years according to my last DPS instructor class. You will still loose it for five years, but five is better than seven.

ss
I have always assumed this was so. I am glad that someone asked/or that they clarified it.

Posted: Mon Aug 20, 2007 7:37 pm
by Photoman
Post deleted.

Posted: Mon Aug 20, 2007 7:56 pm
by txinvestigator
Photoman wrote:
txinvestigator wrote: Read carefully. They can enter into agreements with AGENCIES. And ONLY with approval from the Chief Postal Inspector or his designee. Can you name ANY LE agencies that have such agreements in place?


That's one of the best non-apology apologies I think I've ever read.
Thats a far cry from saying Postmasters can "grant authority" to local LEOs to enforce postal laws., isn't it Photoman?

And the allegation in this thread is that, generally, local LEOS can either arrest for violations of postal laws or detain a person until Feds arrive.

Neither of those are true, UNLESS the specifics in Title 39 Part 232 Section 232.1, (q) (2) are met.