As explained above, the USPS regulation was promulgated pursuant to the Postal Service‘s constitutional and statutory authority to ―prescribe regulations necessary for the protection and administration of property owned or occupied by the Postal Service and persons on the property.‖ 18 U.S.C. § 3061(c)(4)(A). See Dorosan, 350 Fed. Appx. at 875 (explaining that Postal Service‘s ―restrictions on guns stemmed from its constitutional authority as the property owner‖).

Assuming, without conceding, that the Bonidys’ possession of firearms on postal property would be “incident to hunting or other lawful purposes” within the meaning of 18 U.S.C. § 930(d)(3), plaintiffs overlook that the Postal Service’s authority to prohibit firearms on its property derives not just from 18 U.S.C. § 930 (which applies to federal facilities generally), but also from its own specific statutory authority. See 18 U.S.C. § 3061(c)(4)(A) (authorizing the Postmaster General to “prescribe regulations necessary for the protection and administration of property owned and occupied by the Postal Service and persons on the property” and to “include reasonable penalties . . . for violations of the regulations”). Case 1:10-cv-02408-RPM Document 18 Filed 06/06/11 USDC Colorado Page 7 of 23 8 II.

at 13 (quoting Kokinda, 497 U.S. at 738 (Kennedy, J., concurring in the judgment)) (articulating reasonableness test in First Amendment context).4 As explained above, the USPS regulation was promulgated pursuant to the Postal Service’s constitutional and statutory authority to “prescribe regulations necessary for the protection and administration of property owned or occupied by the Postal Service and persons on the property.” 18 U.S.C. § 3061(c)(4)(A). The regulation promotes order and public safety Where, as here, the government is “acting in its proprietary capacity,” its action is valid “unless it is unreasonable, . . . arbitrary, capricious, or invidious.”

See 18 U.S.C. § 3052 (authorizing FBI agents to “make arrests without warrant . . . for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.”); 18 U.S.C. § 3061(a)(3) (identical authorization for USPIS Postal Inspectors); United States v. Watson, 423 U.S. 411, 423-24 (1976) (holding that warrantless probable cause arrests are constitutional); United States v. Shabazz, 533 Fed. Appx. 158, 162 (3d Cir. 2013) (“An arrest without a warrant is lawful if there is probable cause.”) (citing Watson).

Pursuant to this provision, Congress has authorized the Postmaster General to “prescribe regulations necessary for the protection and administration of property owned and occupied by the Postal Service and persons on the property” and to “include reasonable penalties . . . for violations of the regulations.” 18 U.S.C. § 3061(c)(4)(A). The Postal Service has promulgated regulations governing conduct on postal property, which apply 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.”

Postal Inspectors have no legal authority to make warrantless arrest of Defendant when Defendant did not commit criminal offense against the United States in their presence Postal Inspectors authority to make arrests is statutorily based. Title 18 U.S.C. § 3061 states that Postal Inspectors investigating into criminal matters may: (2) make arrests without warrant for offenses against the United States committed in their presence; (3) make arrests without warrant for felonies cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; [emphasis added] Subparagraph (2) specifically limits the Postal Inspectors authority to make warrantless arrests based on federal criminal offense that is committed in their presence. In this instance, Defendant merely knocked on the door of Mr. Hamann s hotel room when the door was opened by officers with guns drawn and pointing at him.