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Smokey Point NEX

Knowledge

Knowledge

Regular Member
Joined
Mar 4, 2012
Messages
108
Location
Everett, WA
I searched the forum, I called the store (they said "yes" also said it's federal prperty), I called the base (Also said "yes" but said it's not federal property). I'm trying to determine if this place (NEX Smokey Point) is legally considered federal property. I've look for hours online and I'm at a loss at this point. The only thing I could find it that its owned by... "© 2013 Navy Exchange Service Command All rights reserved. Navy Exchange Service Command, 3280 Virginia Beach Blvd, VA 23452-5724. This is an Official U.S. Navy Web Site. NEXCOM claims ownership in its trademarks regardless of the format in which they appear on this website and related pages or links." I carried there today, stopped in the credit union as well (video will be posted soon). In short I ran into trouble once I walked into the NEX because one of the employs said I couldn't carry there. I asked him to show me the sign (He said there was one) and it said DSCN0220.jpg

Anyways, I asked him if it was a federal building (he didn't know anything at all...BUT) he said it was and I put my firearm in my car so I could go in and find my wife. If you know anything please let me know I'll post the link to the video once I post it on youtube, Thanks.
 
EMNofSeattle

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
Well the NEX is under the charge of a Naval Service Command,

on the other hand they're a non-appropriated fund activity and thus required to make profit....

the law is generally no guns in facilities where federal employees work, are exchange staff employees of the Federal Government?
 
slapmonkay

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
Knowledge said:
I asked him to show me the sign (He said there was one) and it said View attachment 10694
Click to expand...

That is the standard federal no firearms sign. When I see that sign, I typically figure the building is federally owned.

EMNofSeattle said:
are exchange staff employees of the Federal Government?
Click to expand...
+1, should determine if the building has federals employees that are typically present during operating hours.
 
EMNofSeattle

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
Well here's what I found...

https://www.mynavyexchange.com/command/contractor_vendor/PUBS/general_provisions/section_a.html

so this is a guide for contractors, note the definitions sections

e. "Government" shall include the Navy Exchange.
Click to expand...

The Navy Exchange Service Command (NEXCOM) and the Navy Exchange are integral parts of the Department of the Navy and nonappropriated fund instrumentalities of the United States Government. Contracts to which these General Provisions apply are government contracts; however, they do not obligate any funds of the United States Treasury. Accordingly, procurement statutes and regulations having the force and effect of law, such as the Armed Services Procurement Act, 10 U.S.C. 2301, et seq., and the Federal Acquisition Regulations, 48 CFR 1, et seq., generally do not apply to Navy Exchange contracts. Navy Exchange contracting officers are guided by internal policies and procedures, such as SECNAVINST 7043.5A.
Click to expand...

plus the Naval Exchange Service command is a department under another Naval Command (name escapes me at the moment) the parent command is headed by an Admiral... so it is federal government property, we can assume that...

now let's move on the "federal employees"

from their employment page
https://www.mynavyexchange.com/command/employment/h-FAQs.html

Is a Navy Exchange job a “civil service” job?

No, the Navy Exchange is not considered a “civil service” job, or an appropriated funds position. Navy Exchange employees are non-appropriated, and therefore are paid by the NAF pay schedule.
Click to expand...

now weather this makes them "federal employees" or not makes a difference....

The next issue is LE jurisdiction, while Local police would probably just ask you to leave, if the 911 calls from the NEX connect to the Law Enforcement Desk at the Naval Station and Masters-at-arms respond to the call, you could be in trouble, if military your commanding officer will certainly be informed, if civilian they can arrest you at which point the FBI will called to take you in... at least according to my understanding...

then if the US Attorney wants to charge you, even if you're legally in the right with exchange employees not being "federal employees" you can expect a huge legal bill and battle. long story short, you live off base, near downtown everett..... there's retail shopping abound, the 20% savings are not likely to equal out the possible legal bill....
 
Z

Zohan

Regular Member
Joined
Jan 12, 2012
Messages
34
Location
US Navy
Last time I was there, which was about 1.5 years ago there was a sign board as you drove down the road to the parking lot that stated the area was federal property and no firearms were allowed. This is the same/similar sign posted on bases as well.

The area is patrolled by military police from Naval Station Everett.

Good luck trying to get the Navy to change their approach to firearms and whether or not the NEX and the area around it is Federal property. And I don't mean that negatively as it would open up the Navy Lodge for me to stay at when I come visit friends in the area...the Navy Lodge is on the same property.

-Z
 
Knowledge

Knowledge

Regular Member
Joined
Mar 4, 2012
Messages
108
Location
Everett, WA
Zohan said:
Last time I was there, which was about 1.5 years ago there was a sign board as you drove down the road to the parking lot that stated the area was federal property and no firearms were allowed. This is the same/similar sign posted on bases as well.
Click to expand...

I'm gonna drive up there and see if I can find the sign for the follow-up video.
 
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