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GrillKing wrote:

KBCraig wrote: 18 USC 930 (h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.

I learn something new every day. On good days I learn 2 new things. The law may be on my side, but I still think carry on federal facilities is risky. I don't want to be the one to go to the expense of having to prove I'm right in court.

Thanks all for the information.

txinvestigator wrote:In other words, the CFR cannot trump the U.S.C., and the U.S.C. allows lawful concealed carry in a federal facility.

Title 18, United States Code, Sec. 930. - Possession of firearms and dangerous weapons in Federal facilities

1. Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
4. Subsection (a) shall not apply to -

3. the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

In order to fall within the exception to the law, two conditions have to be met. First, one has to be engaged in the "lawful carrying of firearms." This means you cannot be a "prohibited person" such as a convicted felon, a fugitive from justice, or fall within any of the other categories that would prohibit one from lawfully purchasing or owning a firearm under federal law.

It also means that it must be legal for you to carry the firearm under any applicable federal, state, and local laws. If, for example, it is illegal under state law to carry a firearm in a post office, the exception in section (d) (3) of 18 U.S.C. § 930 offers you no protection. The same is true about any local regulations or restrictions on the terms of your carry permit. In other words, if state or local law, or the terms of your carry permit, prohibit carry in a post office, then such carry is not "lawful," and the exception to the ban on carrying in federal facilities does not apply to you.

The second condition that has to be met for one to fall within the exception to the ban on carrying a firearm in a federal facility is that one must be carrying in the facility "incident to hunting or other lawful purposes." One cannot be in the facility with intent to commit a crime, or while committing a crime, and fall within the exception.

A simple test of whether one may legally carry in a post office could involve answering four questions:

1. Is it illegal for me to carry a handgun on the street outside the post office?
2. Is there a state or local law prohibiting carry in a post office?
3. Am I violating the terms of my CCW permit by carrying inside a post office?
4. Am I going to commit a crime or engage in some unlawful activity once inside the facility?

If one answers "no" to all four questions, it seems that one falls within the exception to the federal ban on carrying in a federal facility. The answer to the first three questions seeks to resolve whether one is engaged in the "lawful carrying" of a firearm. The answer to the final question seeks to resolve whether one is carrying "incident to ... lawful purposes."

It is important to note that the term "Federal facility" does not include a federal court facility. Even with a valid concealed weapon or handgun license, it is a federal offense to bring a firearm into a federal court facility. Under this statute, the only persons who may lawfully carry in a federal court facility are federal, state, or local law enforcement officers on official duty, or a Federal official or a member of the Armed Forces if authorized to possess the firearm.[/u]