TexasCHLforum.com

alphonso wrote:OK, Now I'm confused again.

I would like to be able to take my sidearm when I make the long drive to the big city and then spend the rest of the day doing errands and visiting.

I know that getting "caught" for having a pistol tucked away in my car in the parking lot is a very remote possibility, but I don't want to break any law or take the risk.

Please, more info from knowledgeable people. (FYI, I searched far and wide on the net before I posted my question)...

I understand your concern. As most have posted, it seems to be clear that carrying in the VA buildings is illegal (per 18 USC 930). There seem to be some signs and VA Police instructions that make reference to "grounds" and cite the same law. You can look up the law (on google or whatever) and there's nothing in it that backs up this contention. My personal opinion is that there is no federal law that prohibits you having your lawfully carried firearm in your car on VA property outside of their offices. I would have one in my car if I parked in a VA parking lot. But you have to decide what you are comfortable doing. There are a lot of signs around that don't carry the force of law. Some people choose to observe them. I don't. Then again, I take the risk of being the dreaded "test case.... "

-Scott

hirundo82 wrote:

xdfanatic wrote:I frequent the VA Hospital in Houston for regular Dr.'s visits and do not take my CCW because there are signs posted as you enter that say it is illegal. Upon searching on the net I found this in the VA police officers handbook:
t. Firearm and Dangerous Weapon Prohibition (18 U.S.C. 0 930). The following notice
will be posted conspicuously at each public entrance to the facility:
Whoever knowingly possesses or causes the presence of a firearm or other
dangerous weapon on the grounds or buildings of this facility, or attempts to
do so, is subject to fine or imprisonment of not more than one year, or both.
18 U.S.C Section 930a.
I believe that you cannot even have it in your car unless you park off of the premises which in Houston is not really a great area. YMMV IANAL etc.
Xd

The problem with that is that 18 USC §930 doesn't prohibit weapons on the grounds, only in the buildings. In fact, it reads very similarly to how Texas CHL law defines "premises".

(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.
...
(g) As used in this section:
(1) 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.

The Postal Service posts their buildings and grounds similarly, but they actually have a regulation in the CFR to back up prohibiting weapons on the grounds. The VA may have a similar regulation, but the Code of Federal Regulations is so huge that it is difficult to find anything in there.

True. However, federal regulations in the CFR must have an enabling statute and 18 USC 930 is clear about their definition on premises and posting requirements. Unless the VA relies on a different enabling statute, it doesn't seem like they can override the statutory defintions in 18 USC 930. By the way, one exception to this is federal courts. 18 USC 930 has language enabling regulations to prohibit firearms on the "grounds" of federal courts. But VA property is not a court.