Carry in National Park but not Buildings?

[Aguila Blanca]

Federal law defines "facility" as "building."

I have the same problem when I go to the VA hospital. I know I can't carry within the building, but I used to be able to have firearms in the car and be able to proceed from home to the hospital, and then from there directly to the shooting range. Several months after Obama was elected, signs appeared at all entrances to the property saying that no firearms are allowed anywhere on the property. Interestingly, the signs cite 18 USC 930, which clearly defines Federal facility as follows:

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 duties.

Since an outdoor, surface parking lot is clearly not "a building or part thereof," it does not appear that 18 USC 930 applies to other than buildings. However, I can't afford to be a test case.

http://www.law.cornell.edu/uscode/text/18/930

 

[Al Norris]

The CFR reads in its entirety:

§ 102–74.440 What is the policy concerning weapons on Federal property?

Federal law prohibits the possession of firearms or other dangerous weapons in Federal facilities and Federal court facilities by all persons not specifically authorized by 18 U.S.C. 930. Violators will be subject to fine and/or imprisonment for periods up to five (5) years.

While the wording suggests that "in" means, within a structure, I can't say how the courts may have already ruled on this. Apparently, neither can you.

Besides the obvious question, "Do you want to be a test case?" it's not yet even time to file for a civil rights violation (which will be costly).

"Why not?", you might very well ask.

Currently, we have several cases before the Circuit Courts of Appeal that may very well answer the question of whether or not we have the right to carry functional firearms, in case of confrontation, in the public space. A positive answer here, will have reaching effects on government parking lots.

More to the point, the Case Bonidy v. U.S.P.S. directly attacks such a provision as you have outlined (dispositive motions are due this coming Tuesday, the 28th).

The bottom line is that no one can honestly answer your question, at this time.

 

[dabsond]

I work on a military installation as a police officer. We had an instance of finding a pistol during a random vehicle inspection. Individual had a valid concealed permit for the state where the installation is located. We called the US Attorney's office for guidance. They stated the weapons ban only is in effect for actual facilities (buildings) on base. They stated whatever our actions were going to be, their office would not prosecute.

Sent from my DROID Pro using Tapatalk 2

 

[Aguila Blanca]

I work in a federal building. It is posted as no weapons of any sort. The proper cite isn't the U.S. Code, but the Code of Federal Regulations, specifically, Title 41 CFR § 102-74.440:

The signs at my nearby VA hospital, and the signs at the former Social Security office (before they moved to a new location) do not cite 41 CFR 102-74.440, they cite 18 USC 930. IANAL, but I'm pretty certain if the sign cites 18 USC 930, then if you are charged with a violation you have to be charged with violating the statute of which you were given notice.