Posted: 9/6/2007 7:29:20 PM EDT
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Guys, I got into a conversation with a coworker today about where federal law prohibits a CCW holder from carrying a gun. Can anyone tell me where I can find information on exactly where Federal law prohibits carrying guns? I've found a little info on the NRA-ILA's web site. So far I've only been able to find elementry and secondary schools, Air planes, National parks. I was thinking there was laws against going into federal buildings as well. I've not found anything regarding hospitals or banks. I realize we have state laws that address certain places, however if memory serves, it's not a criminal offense (unless you are asked to leave and don't). I cannot believe this information is this hard to find ... Thanks for whatever help you guys can provide. |
You are correct. There are few to no Federal statutory prohibitions for at least some locations, but the relevant agencies use the CFR's (Code of Federal Regulations) to prohibit weapons in Federal buildings and on Federal property. Most of these CFR brand prohibitions will get you at least an appearance in front of a Federal Magistrate, your weapon confiscated, etc. The buildings/property is (usually) required by the CFR to be 'posted' regarding the prohibition, but there are no specific requirements about how this is to be done. So, there is no standard format. I have seen the relevant page of the CFR copied and stuck in a little holder on the wall inside a building door 'meet the requirement', according to one Federal District Court. Many things hinge on what agency owns/controls/protects the building in question, whether or not the jurisdiction for that property is exclusive, concurrent, or proprietary, etc. In short, it's a mish-mash of laws and rules, and generally, the best rule is, if it's Federal, you can't carry anything but a small pocketknife, if that. (Don't even try the pocket knife in a Federal Courthouse). If you are authorized to carry weapons, they will already have told you so.  I'll add this: IANAL, but those who are, even if they are intimately familiar with the relevant Federal statutes (Title 18 and 40, for starters) and the CFR's, would probably start out by asking you what agency, what building, the jurisdiction involved, etc. Also, the Patriot Act has some additional restrictions, probably, but I am not at all familiar with them. 
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This is the long version of the sign that sits on the outside of my cubicle:
I wonder if my co-workers are trying to tell me something? 
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