TargetTerror
Member
I've been told repeatedly that a citizen cannot carry a firearm into a Post Office because it is a Federal facility. While I find this to be silly for all of the standard pro-CCW reasons, I hadn't questioned the regulation until a friend of mine stated that CCWs were exempted under the law governing firearms in Post Office. After looking at the law and doing a little bit of legal research, he seems to be correct. The law in question appears to be US Code Title 18 Section 930. Here is the text (emphasis added):
(a) 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.
(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(d) Subsection (a) shall not apply to—
(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
(e)
(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).
Sections B and C apply to violent criminals, or those with intent to be violent criminals. I'm not concerned with these sections, as I don't plan to fall into either category. Section A is the important section, as it deals with knowing possession of a firearm in a Federal building. That would describe any CCW permit holder entering a Post Office. (As an interesting aside, I think the language of Section A would not apply if you put your gun in your pocket, forgot it was there, and then went into the building
. But the government would probably find some way around that...)
EXEMPTIONS are listed under Section E. Section E(3), to my reading, should exempt a CCW holder. The text specifically exempts "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes." So the real question is, does simply carrying a firearm lawfully, for general protection, satisfy the "other lawful purposes" clause of this statute?
I did some quick research (admittedly not too in depth) and didn't find a single case which dealt with Section E(3). Most cases seem to revolve around the issue of "Notice" (requirement that the law banning firearms be posted at entrances).
So, back to my initial question. Why aren't CCW holders allowed to carry in a Post Office? Is there another law governing carry in POs? If not, why are we not exempted?
(a) 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.
(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.
(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(d) Subsection (a) shall not apply to—
(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
(e)
(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).
Sections B and C apply to violent criminals, or those with intent to be violent criminals. I'm not concerned with these sections, as I don't plan to fall into either category. Section A is the important section, as it deals with knowing possession of a firearm in a Federal building. That would describe any CCW permit holder entering a Post Office. (As an interesting aside, I think the language of Section A would not apply if you put your gun in your pocket, forgot it was there, and then went into the building
. But the government would probably find some way around that...)EXEMPTIONS are listed under Section E. Section E(3), to my reading, should exempt a CCW holder. The text specifically exempts "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes." So the real question is, does simply carrying a firearm lawfully, for general protection, satisfy the "other lawful purposes" clause of this statute?
I did some quick research (admittedly not too in depth) and didn't find a single case which dealt with Section E(3). Most cases seem to revolve around the issue of "Notice" (requirement that the law banning firearms be posted at entrances).
So, back to my initial question. Why aren't CCW holders allowed to carry in a Post Office? Is there another law governing carry in POs? If not, why are we not exempted?
