Hypothetical transportation question.

[luckystrike]

Kind of a dumb idea I have had running thru my head lately. So,

-from my understanding it is federally illegal to open someone elses mail.

-LEOs cannot search a vehicle without probably cause (which they can pull out of their asses if they wanted anyways)

-Once if and when he asks you if you have a firearm you have to let him check it (officer safety card)

now If I mailed my pistol to myself and kept the packing tape and label on it would a LEO legally be able to open my package?

thanks for your thoughts in advance.

[Mssr. Eleganté]

...now If I mailed my pistol to myself...

It is a Federal crime to deposit a handgun in the mails unless you meet one of a small list of exemptions.

...Once if and when he asks you if you have a firearm you have to let him check it (officer safety card)

You do not have to let him check your firearm just because he asks you if you have a firearm. You are only required to let him check your firearm if he knows that you have a firearm. You don't have to admit to having one in your car. Just don't deny having one in your car.

[ckprax]

I do not know for sure but I imagine that if you reveal that you have a firearm they are able to perform an (e) check, officer safety and all. If it's a handgun, and not locked you may get nailed for illegally concealing a firearm.

Since officer safety can trump your 4A rights, there will be little you can do if they open your mail, especially if you tell them there is a gun in it.

Interesting thought though. Thinking outside the box.

[BKinzey]

It is a Federal crime to deposit a handgun in the mails unless you meet one of a small list of exemptions.



You do not have to let him check your firearm just because he asks you if you have a firearm. You are only required to let him check your firearm if he knows that you have a firearm. You don't have to admit to having one in your car. Just don't deny having one in your car.

Right on both counts. If the case is locked don't admit to anything inside it. Never agree to any search. If the officer proceeds anyway verbally object but don't take any physical actions.

[Cokebottle]

now If I mailed my pistol to myself and kept the packing tape and label on it would a LEO legally be able to open my package?

thanks for your thoughts in advance.

First thought that comes to mind is that the "opening the mail" law may (I haven't looked up the statute) apply only to mail that is in transit and not yet received.

And besides... you can't ship a firearm through the US mail
Don't know if the same law applies to parcels delivered by private carriers.

[luckystrike]

It is a Federal crime to deposit a handgun in the mails unless you meet one of a small list of exemptions.



You do not have to let him check your firearm just because he asks you if you have a firearm. You are only required to let him check your firearm if he knows that you have a firearm. You don't have to admit to having one in your car. Just don't deny having one in your car.

Are you positive? is this just the case with USPS, what about UPS and fedex?

Well if I dont deny having one then he will know when his repeated question goes unanswered. Thank you for your input but I really dont want to turn this into a "do I tell him/should I tell him" thread

I do not know for sure but I imagine that if you reveal that you have a firearm they are able to perform an (e) check, officer safety and all. If it's a handgun, and not locked you may get nailed for illegally concealing a firearm.

Since officer safety can trump your 4A rights, there will be little you can do if they open your mail, especially if you tell them there is a gun in it.

Interesting thought though. Thinking outside the box.

Exactly, officer safety. In this case it would be a locked container. but locked or not, im trying to figureout if it would be legal for him to open it in the 1st place.

wait, not just thinking outside the box, thinking outside the civil-rights chastity box. "DONT VIOLATE ME!" haha

Right on both counts. If the case is locked don't admit to anything inside it. Never agree to any search. If the officer proceeds anyway verbally object but don't take any physical actions.

Like I said Im trying to keep the thread from going down that road, but when he asks "any weapons?"...well silence is an answer :/

First thought that comes to mind is that the "opening the mail" law may (I haven't looked up the statute) apply only to mail that is in transit and not yet received.

And besides... you can't ship a firearm through the US mail
Don't know if the same law applies to parcels delivered by private carriers.

From my understanding that transit or not is irrelevant, kind of a warrant to open kind of thing.

also Im prettysure that you just cant ship a pistol thru US mail, UPS and fedex is a different case. thats how firearms warranty works right?

[Mssr. Eleganté]

...And besides... you can't ship a firearm through the US mail

I ship firearms through the US mail all the time.

[Mssr. Eleganté]

...also Im prettysure that you just cant ship a pistol thru US mail, UPS and fedex is a different case. thats how firearms warranty works right?

Correct. It is illegal for most people to mail a handgun. Shipping a handgun by private common carrier is perfectly legal though.

[luckystrike]

Correct. It is illegal for most people to mail a handgun. Shipping a handgun by private common carrier is perfectly legal though.

Thank you for the clarification