Federal Facilities exemptions

Discussion in 'National Laws, Bills and Politics' started by turtlexiv, Jan 21, 2007.

  1. turtlexiv

    turtlexiv New Member

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    I was reviewing several federal laws pertaining to firearms today, and came across this particular tidbit. The code section referenced is USC TITLE 18 PART I CHAPTER 44 § 930, which covers the posession of firearms in Federal facilities:

    Based on this code section, am I to assume that members of the Armed Forces are exempted from this prohibition, if they are otherwise carrying a firearm in accordance with applicable federal and state laws?
     

  2. Gunstar1

    Gunstar1 Administrator

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    The way I read it, yes.

    Georgia authorizes both military and GFL holders to carry. It seems (d)(2) would allow you to carry inside the building. (d)(3) seems to allow GFL holders to carry as well, however since GFL holders are barred from public buildings we still cannot carry into it (military are exempt from the public gathering law).

    :ianal:
     
  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    (d)(3) is the source of endless speculation and feuding on other boards. I have never looked into the issue, myself, since public buildings are off limits in Georgia regardless of whether they are state or federal, or local for that matter.
     
  4. Gunstar1

    Gunstar1 Administrator

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    Me either, I just sat and thought about it for a little while.

    I read (d)(2) and I thought "authorized by law" meant federal law. (d)(1) made me change my mind to think that the authorization could come by federal or state law.

    For regular GFL holders, IF authorization can come from state law, and IF public gathering prohibition was gone, and IF the Feds think that "other lawful purpose" means self defense, THEN we would be able to carry in a Fed building.
     
  5. foshizzle

    foshizzle New Member

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    I've often wondered what would happen if I attempted to carry into a federal facility, was subject to a vehicle inspection and then found to have a handgun. Since the access road leading into the parking deck isn't a 'publicly owned building', it stands to reason that my GFL would suffice. Of course, if I was searched INSIDE the parking deck, I could be in trouble. I wonder if I could be hammered for "Intending to park in a publibly owned parking deck" lol.

    Of course, this is purely speculation :whistle:
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, perhaps these questions will address the answer?

    What is a federal "facility?" It must mean more than a building, or one could not be engaged in hunting.

    What are "other lawful purposes?" Self defense? Carrying for the purpose of exercising free speech?

    I wonder if there are any cases discussing these issues?
     
  7. Mike from Philly

    Mike from Philly New Member

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    While you are looking ... keep an eye out for a law that says something to the effect .... any shooting range receiving federal funds must be open to the public. I heard that it exists but nobody has pushed for it.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I am not looking. No time. Maybe next year . . .

    True.

    I suggest you go to FBI headquarters and insist on using their range.
     
  9. Mike from Philly

    Mike from Philly New Member

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    I'd rather try my County's PD range first. Quantico is a plane ride away.
     
  10. ls1ssdavid

    ls1ssdavid New Member

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    About the range thing. I'm pretty sure you can use military ranges. The only problem is that you have to go through the proper channels to do so. And the average person would find this to difficult and not worth the trouble. I have never attempted too. So don't take my word for gospel. I would assume you need to contact that specific bases "Range Control", as well as the Military Police. In order to cordinate the reserving of the range and to allow the MP's to know you are taking a weapon on base. Range control I assume would inspect the range prior to shooting and after shooting. They might require you to take some saftey courses before they let some random guy pop off rounds on base too.

    Also, I am 100% positive you cannot "carry" onto a federal facility, with simply a Carry permit. Most federal facility's depending on which, do restrict items from entering, and on some level inspect personel attempting to enter. You would most likely need special permission to take a weapon on a base/ facility. If you attempted to you would be detained and arrested by the proper Law Enforcment for that area.

    On most military bases they do have a hunting season. It matches the states hunting season. And you have to have that states hunting licence. It is open for military personel. Some do restrict the hunting to Bow due to the fact that they don't want people shooting rounds and possibly hitting something down range.
     
  11. ls1ssdavid

    ls1ssdavid New Member

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    Mike from Philly- Myself and a few buddys have used the local PD range here in Maryland. We go threw our "Gunny" He simply calls the PD and puts in a request. If the PD isn't shooting we are ususally good to go. We sign out the keys that day, then return them that day. But, since we are military personel I'm sure that has something to do with it. But it's worth a try. I'll look into it myself when I EAS and come back to GA.
     
  12. john

    john New Member

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    The feds have an indoor range in the building in Atl. Should we go visit?
     
  13. Mike from Philly

    Mike from Philly New Member

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    Can we sue them? Shooting is fine fun but sueing the FBI sounds exciting. Shame the ATF doesn't have a range here. I'd like to sue them more than the FBI. Lets wait till later this year so we can clear the deck of our legislative work and the pending suits.