18 U.S.C. § 1696

Private express for letters and packets

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar

(a) Whoever establishes any private express for the conveyance of letters or packets, or in any manner causes or provides for the conveyance of the same by regular trips or at stated periods over any post route which is or may be established by law, or from any city, town, or place to any other city, town, or place, between which the mail is regularly carried, shall be fined not more than $500 or imprisoned not more than six months, or both.

This section shall not prohibit any person from receiving and delivering to the nearest post office, postal car, or other authorized depository for mail matter any mail matter properly stamped.

(b) Whoever transmits by private express or other unlawful means, or delivers to any agent thereof, or deposits at any appointed place, for the purpose of being so transmitted any letter or packet, shall be fined under this title.(c) This chapter shall not prohibit the conveyance or transmission of letters or packets by private hands without compensation, or by special messenger employed for the particular occasion only. Whenever more than twenty-five such letters or packets are conveyed or transmitted by such special messenger, the requirements of section 601 of title 39, shall be observed as to each piece.(June 25, 1948, ch. 645, 62 Stat. 777; Pub. L. 91–375, § 6(j)(14), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103–322, title XXXIII, § 330016(1)(A), Sept. 13, 1994, 108 Stat. 2146.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 304, 306, 309 (Mar. 4, 1909, ch. 321, §§ 181, 183, 186, 35 Stat. 1123, 1124; June 22, 1934, ch. 716, 48 Stat. 1207).

Section consolidates sections 304, 306, and 309 of title 18, U.S.C., 1940 ed. Reference to persons causing, procuring, aiding or assisting was omitted as such persons are principals under section 2 of this title.

Minor changes were made in phraseology.

Editorial NotesAmendments

1994—Subsec. (b). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $50”.

1970—Subsec. (c). Pub. L. 91–375 substituted “section 601 of title 39” for “section 500 of title 39”.

Statutory Notes and Related SubsidiariesEffective Date of 1970 Amendment

Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.

Study of Private Carriage of Mail; Reports to President and Congress

Congressional findings of need for study and reevaluation of restrictions on private carriage of letters and packets contained in this section and submission by United States Postal Service of reports to President and Congress for modernization of law, regulations, and administrative practices, see section 7 of Pub. L. 91–375, set out as a note under section 601 of Title 39, Postal Service.

Notes of Decisions

Cited in 24 cases, 1959–2018 · leading case: Rivko Knox v. Mark Brnovich, 907 F.3d 1167 (9th Cir. 2018).

Sort: Relevance Newest Treatment

Rivko Knox v. Mark Brnovich, 907 F.3d 1167 (9th Cir. 2018). · cites it 5× “18 U.S.C. § 1696 (a).4 While ensuring that courier services could not “compet[e] selectively with the Postal Service on its most profitable routes,” Air Courier, at 527–28, the Private Express Statutes did not purport to regulate conduct that did not affect revenues.”

Air Courier Conf. of Am. v. Am. Postal Workers Union, 498 U.S. 517 (1991). · cites it 4× “[4] In fact, the provisions of 18 U. S. C. § 1696 (c), allowing private conveyance of letters if done on a one-time basis or without compensation, and 39 U.”

Regents of the Univ. v. Pub. Emp. Relations Bd., 485 U.S. 589 (1988). · cites it 8× “3 (b) (1987), and the "private-hands" exception, 18 U. S. C. § 1696 (c); 39 CFR § 310.3 (c) (1987).”

Dolan v. United States Postal Serv., 546 U.S. 481 (2006). “734 (respecting deputy postmasters authorized “to transmit to any person or place” official letters or packages, free of charge); 18 U. S. C. §§ 1696 (b) and (c) (referring to unlawful “transmission” of letters); §§ 1716(b), (c), (d), and (e) (regulating and proscribing…”

Regents of Univ. of California v. Pub. Emp. Relations Bd., 220 Cal. App. 3d 346 (Cal. Ct. App. 1990). · cites it 3× “” ( 18 U.S.C. § 1696 (a).) The University also contends that its refusal to carry unstamped union mail is a “reasonable regulation” under Government Code section 3568 in light of the burdens entailed in such carriage.”

Nat'l Ass'n of Let. Car. v. Indep. Post. S. of A., Inc., 336 F. Supp. 804 (W.D. Okla. 1971). · cites it 4× “§ 601 and 18 U.S.C.A. § 1696 . 39 U.S.C.A. § 601 , a civil Statute, establishes a method by which a letter may be lawfully carried out of the mails and 18 U.”

Am. Postal Workers Union v. React Postal Servs., Inc., Mountain Bell Tel. Co. & United States Postal Serv., 771 F.2d 1375 (10th Cir. 1985). · cites it 6× “In its Memorandum Opinion, the trial court addressed itself to the following language of 18 U.S.C. § 1696 (a) (1982): This section shall not prohibit any person from receiving and delivering to the nearest post office, postal car, or other authorized depository for mail matter…”

Associated Third Class Mail Users v. United States Postal Serv., 600 F.2d 824 (3rd Cir. 1979). · cites it 2× “The central statute at issue in this case is 18 U.S.C. § 1696 (1976), which provides in relevant part: § 1696.”

Newspaper Assoc. of Am. v. Postal Regulatory Comm'n, 734 F.3d 1208 (D.C. Cir. 2013). “Because the negotiated service agreement in this ease is for the purchase of standard mail products, it is subject to the postal monopoly, see 18 U.S.C. § 1696 (a); 39 C.F.R. § 310.2 (a), and thus the rules governing rates for market-dominant products apply.”

Cont'l Sports Corp. v. Dept. of Labor & Indus., 910 P.2d 1284 (Wash. 1996). “In concluding that sending an item by Federal Express is equivalent to sending it "by mail,” the Court of Appeals relied on several United States postal regulations.”

United States v. Robert Eugene Black & Alternate Sys., Inc., 569 F.2d 1111 (10th Cir. 1978). · cites it 9× “, were charged with knowingly and unlawfully establishing a private express for the conveyance of letters by regular trips over one or more post routes, in violation of 18 U.S.C. § 1696 . The express route established was to and from the cities of Pittsburg and Frontenac, in the…”

Greenberg v. Bolger, 497 F. Supp. 756 (E.D.N.Y 1980). “The vital role played by third parties and independent candidates in changing the political environment; the constitutional rights such parties have to communicate programs, goals and candidacies; the monopoly that is enjoyed by the Postal Service; and the very real burdens…”

Show all 24 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.