imported post
Tomahawk wrote:
Do you have citation for that law, Mike?
Yup -
36 CFR 504 - it is a little complicated though - see this email below I sent on the VCDL.org Executive Members list a while back:
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. . . Go to XXXXXXX cite for the reg at [url]http://hkshooter.net/url/?36CFR504[/url]
and it defines applicability of the weapons ban to those grounds covered by 40 USCA § 193v - but this has been replaced by 40 USC 6301.
The definition of grounds covered in 40 USC 6301 was amended to include any even temporary interest in land that the Smithsonian acquired - yet , but the penalty section states that prosecution for such offenses to be had in the District of Columbia Court of General Sessions - which I do not believe has jurisdiction over the Dulles facility.
What is scary about the temporary use clause is that the law appears to let the Secretary of the Smithsonian establish a gun ban zone anywhere he obtains an even temporary interest in land - like a museum display anywhere on the planet!
Mike
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Sec. 504.16 Penalties.
Section 6 of the Smithsonian Institution Special Policing Statute,
Act of October 24, 1951, 65 Stat. 635, 40 U.S.C. 193(s) states that:
Whoever violates any provision of sections 193o-193q of this Title,
or any regulation prescribed under section 193r of this Title, shall be
fined not more than $100 or imprisoned not more than sixty days, or
both, prosecution for such offenses to be had in the District of
Columbia Court of General Sessions, upon information by the U.S.
attorney or any of his assistants: Provided, That in any case where, in
the commission of such offense, property is damaged in an amount
exceeding $100, the amount of the fine for the offense may be not more
than $5,000, the period of imprisonment for the offense may be not more
than 5 years and prosecution shall be had in the U.S. District Court for
the District of Columbia by indictment, or if the defendant, after he
has been advised of the nature of the charge and of his rights, waives
in open court prosecution by indictment, by information by the U.S.
attorney or any of his assistants.
----------------------------
40 U.S.C.A. § 6301
***Formerly cited as 40 USCA § 193v***
United States Code Annotated Currentness
Title 40. Public Buildings, Property, and Works (Refs & Annos)
Subtitle II. Public Buildings and Works
Part C. Federal Building Complexes
Chapter 63. Smithsonian Institution, National Gallery of Art, and John F. Kennedy Center for the Performing Arts
§ 6301. Definition
In this chapter, the term "specified buildings and grounds" means--
(1) Smithsonian Institution.--The Smithsonian Institution and its grounds, which include the following:
(A) Smithsonian Buildings and grounds on the National Mall.--The Smithsonian Building, the Arts and Industries Building, the Freer Gallery of Art, the National Air and Space Museum, the National Museum of Natural History, the National Museum of American History, the National Museum of the American Indian, the Hirshhorn Museum and Sculpture Garden, the Arthur M. Sackler Gallery, the National Museum of African Art, the S. Dillon Ripley Center, and all other buildings of the Smithsonian Institution within the Mall, including the entrance walks, unloading areas, and other pertinent service roads and parking areas.
(B) National Zoological Park.--The National Zoological Park comprising all the buildings, streets, service roads, walks, and other areas within the boundary fence of the National Zoological Park in the District of Columbia and including the public space between that fence and the face of the curb lines of the adjacent city streets.
(C) Other Smithsonian Buildings and grounds.--All other buildings, service roads, walks, and other areas within the exterior boundaries of any real estate or land or interest in land (including temporary use) that the Smithsonian Institution acquires and that the Secretary of the Smithsonian Institution determines to be necessary for the adequate protection of individuals or property in the Smithsonian Institution and suitable for administration as a part of the Smithsonian Institution.
(2) National Gallery of Art.--The National Gallery of Art and its grounds, which extend--
(A) to the line of the face of the south curb of Constitution Avenue Northwest, between Seventh Street Northwest, and Fourth Street Northwest, to the line of the face of the west curb of Fourth Street Northwest, between Constitution Avenue Northwest, and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Fourth Street Northwest, and Seventh Street Northwest; and to the line of the face of the east curb of Seventh Street Northwest, between Madison Drive Northwest, and Constitution Avenue Northwest;
(B) to the line of the face of the south curb of Pennsylvania Avenue Northwest, between Fourth Street and Third Street Northwest, to the line of the face of the west curb of Third Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest, to the line of the face of the north curb of Madison Drive Northwest, between Third Street and Fourth Street Northwest, and to the line of the face of the east curb of Fourth Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest; and
(C) to the line of the face of the south curb of Constitution Avenue Northwest, between Ninth Street Northwest and Seventh Street Northwest; to the line of the face of the west curb of Seventh Street Northwest, between Constitution Avenue Northwest and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Seventh Street Northwest and the line of the face of the east side of the east retaining wall of the Ninth Street Expressway Northwest; and to the line of the face of the east side of the east retaining wall of the Ninth Street Expressway Northwest, between Madison Drive Northwest and Constitution Avenue Northwest.
(3) John F. Kennedy Center for the Performing Arts.--The John F. Kennedy Center for the Performing Arts, which extends to the line of the west face of the west retaining walls and curbs of the Inner Loop Freeway on the east, the north face of the north retaining walls and curbs of the Theodore Roosevelt Bridge approaches on the south, the east face of the east retaining walls and curbs of Rock Creek Parkway on the west, and the south curbs of New Hampshire Avenue and F Street on the north, as generally depicted on the map entitled "Transfer of John F. Kennedy Center for the Performing Arts", numbered 844/82563 and dated April 20, 1994 (as amended by the map entitled "Transfer of John F. Kennedy Center for the Performing Arts', numbered 844/82563A and dated May 22, 1997), which shall be on file and available for public inspection in the office of the National Capital Region, National Park Service.
CREDIT(S)
(Pub.L. 107-217, § 1, Aug. 21, 2002, 116 Stat. 1184.)
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
2002 Acts
-------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
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6301 ............. 40:193v. Oct. 24, 1951, ch. 559, § 9, 65 Stat.
635; Pub. L. 88-391, § 3, Aug. 1,
1964, 78 Stat. 366; Pub. L. 90-376, §
3, July 5, 1968, 82 Stat. 286; Pub. L.
102-336, Aug. 7, 1992, 106 Stat. 864;
Pub. L. 103-279, § 9(c), July 21,
1994, 108 Stat. 1417; Pub. L. 105-95,
§ 4 (related to section 9(3) of the
Act of October 24, 1951), Nov. 19,
1997, 111 Stat. 2149.
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In clause (1)(A), the words "National Museum of American History" are substituted for "Museum of History and Technology" because of section 3 of the Act of October 13, 1980 (Public Law 96-441, 20:71 note).
In clause (1)(C), the words "the Smithsonian Institution acquires" are substituted for "that shall hereafter be acquired by the Smithsonian Institution" to eliminate unnecessary words.
In clause (3), the words "the site of" are omitted as unnecessary and for consistency in the revised section.
House Report No. 107-479, see 2002 U.S. Code Cong. and Adm. News, p. 827.
LIBRARY REFERENCES
American Digest System
United States 57.
Key Number System Topic No. 393.
40 U.S.C.A. § 6301, 40 USCA § 6301
Current through P.L. 109-221 approved 05-12-06
----------------------------
In a message dated 5/30/2006 9:13:14 P.M. Eastern Standard Time, XXXXXXXXXX writes:
I sent an e-mail to some office for the Smithsonian Air and Space
Museum at Dulles asking why they still banned the lawful carry
of self-defense firearms now that MWAA had changed their regulations.
A month passed, but I actually received a physical letter from the Director
of Visitor Services basically saying that the Code of Federal Regulations
prohibits carrying firearms in Smithsonian Institution buildings
except for official purposes. The specific reference is
36CFR504.14 which I found at:
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http://hkshooter.net/url/?36CFR504
[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR504.14]
[Page 56]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER V--SMITHSONIAN INSTITUTION
PART 504_RULES AND REGULATIONS GOVERNING SMITHSONIAN INSTITUTION
BUILDINGS AND GROUNDS--Table of Contents
Sec. 504.14 Weapons and explosives.
No person while on the premises shall carry firearms, other
dangerous or deadly weapons, or explosives, either openly or concealed,
except for official purposes.