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by chabouk
Tue Feb 23, 2010 9:25 pm
Forum: General Texas CHL Discussion
Topic: NPS Penalty for carrying in federal building?
Replies: 25
Views: 3229

Re: NPS Penalty for carrying in federal building?

57Coastie wrote:
chabouk wrote:Just because it's a structure on federal land, I have no way of knowing if "Federal employees are regularly present for the purpose of performing their official duties", thus making it a "federal facility". Now, some places might be obvious, but even those require that notice be "posted conspicuously at each public entrance".
I'm afraid, chabouk, that someone new to this forum might read this as saying that the requirement for posting a notice might approximate the requirement for a 30.06 sign. That is, that the absence of such a posting might make it OK to carry, concealed or uncealed, in the federal facillity. These are two independent obligations. If the feds neglect their obligation, of course it doesn't relieve you of yours.
I hope they read it that way, because that was exactly my intent, because it's exactly what the law says:

" ....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.... "

The law functions exactly like Texas PC 30.06: no proper notice, you can't be convicted.

Edit to add: I see CBR600 beat me to it.
by chabouk
Tue Feb 23, 2010 6:34 pm
Forum: General Texas CHL Discussion
Topic: NPS Penalty for carrying in federal building?
Replies: 25
Views: 3229

Re: NPS Penalty for carrying in federal building?

There is no controlling definition of "other lawful purposes", so you're at the mercy of the judge for that.

As long as it's not a U.S. Court building, carry in a "federal facility" is a misdemeanor, not a felony as is so often reported.

For me, the most import part of 18 USC 930 is this:

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.

Just because it's a structure on federal land, I have no way of knowing if "Federal employees are regularly present for the purpose of performing their official duties", thus making it a "federal facility". Now, some places might be obvious, but even those require that notice be "posted conspicuously at each public entrance".

And concealed means concealed.

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