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Thread: Question about carry in vehicle

  1. #1
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    http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000930----000-.html



    The above link references US Code Title 18 Chapter 44. In section b it states having a dangerous weapon 'in a federal facility' is illegal. In section g - 1 it states that the 'term "Federal Facility" means a building ...'

    After you read this do you get the impression that if you drive through the parking lot and you have a pistol (concealed OR open) you are violating the law???

    I seem to get the impression that you are not, but we all know how these things get twisted up.

    Any opinions??? Thanks!!

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    I'm a federal Pentagon employee in temporarygovernment leased spaces at Crystal City, Arlington VA, atGateway North, the closest building to the Pentagon (five minute walk). Will be moving back into the Pentagon next year once our Pentagonspaces are renovated.

    My understanding is that the entire Pentagon reserve which includes the surrounding parking lots (north/south)are on the reserve which mean they are "Federal". There are some parking lot next to I395 and Navy/Army Drive which are gray areas (Arlington vs Pentagon Jurisdiction at times). If they are patrolled by the Pentagon Police, it issafe to assume they are part of the Pentagon reserve and "Federal". I would tell you to...that civliianguns are " Federally prohibited" on those parkinglots inthe Pentagonreserves "in your car or on your person" and In the Pentagon. The Pentagon Police (Federal) response isvery quick to anything or reported events in and around the Pentagon reserve and have seen them shutdown a whole parking lot searching. I don't think they are too versed in Virginia Law.

    The government "lease" space/floor that I work in, guns are " Federally prohibited" but I don't know about the rest of the entire building. If we have a problem or alarm, thePentagon Police will respond to our leased area/floor in our building InCrystal City. This whole area is a OC and CC minefield. Since I metro from Huntington to Crystal City to work, I justleave my weapon in my car at the Huntigtonmetro carparking.

    If you are CCing on the metro,"I suggest"do not exit the metro at thePentagon or Arlington Cemetery with a concealed or open weapon, because those metros exit on tothe federal reserve. Infact in Virginia exit the metro before any metro train goes into Washington DC or Maryland Jurisdiction....So Don't fall alseep and miss your stop

    I have CCed only on the Metro in Virginia and seen open weapons and poorly concealed (printing) weapon on the metro in the Virginia jurisdiction. Again don't fall asleep.

    Hope this helps...Do at your own risk.



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    Thank you sir!! Appreciate your help. Tom

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    The Pentagon reservation bans guns generally via a regulation on all grounds, even outside facilities - applies in theory to unloaded guns locked in truncks of cars - Gen. Powell was arrested in teh 80s by Pentagon police, and an MP LT made the decision to undo the arrest.

    Recently Fairfax VA area attornery Richard Gardiner represented a man caught with unloaded guns in his trunk and achieved a good result I am told, though the govt. opposed the legal theory profferred by Gardiner.

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    tjdempster -

    I am surprised that no one has mentioned the exception in subsection (d)(3).

    SNIP

    (d) Subsection (a) shall not apply to—


    ...
    (3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
    END OF SNIP

    So be sure to be wearing blaze orange and have your hunting license clearly visible as you roll through the Pentagon Reservation parking lot looking for that wascally wabbit or whatever game is in season. :P

    If you get caught, I would hire that Richard Gardiner guy mentioned by Mike. I wonder if he used the phrase in subsection (d)(3) "...or other lawful purposes"

    Last I heard, carrying a firearm for self-defense is a lawful purpose. Or you could have some literature handy and say that it is your First Amendment right to carry your firearm - you are making a political statement. Here officer, read my flyer on why Guns Save Lives - Gun Free Zones Do Not!

    It's not like you are driving around shooting out the window! Just peaceably carrying your firearm close at hand in case some carjacker decides to choose your ride that day. Lots of shady characters hang out in that parking lot... Just kidding about that.

    The problem is, you have to hire a lawyer to defend you, and that costs money, money which would be better spent on a 1911 and some more .45 ACP ammo.
    If you want to be a test case, well, it's your money. My wife won't let me!

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    Welcome to the murky world of "Rules" (capitalized), where federal agencies get to make up their own regulations, which then have the force of law.

    As noted above, the actual law, as passed by Congress and signed by the President, only prohibits guns in buildings (and even then allows exceptions for "lawful purposes"). So how is it that virtually every federal agency bans guns from their real property, including parking lots, and violators are arrested and prosecuted?

    Simple: they have promulgated a Rule in the Code of Federal Regulations to ban guns, and such Rules have the force of law. The CFRs are not supposed to exceed the authority expressly granted in the underlying U.S. Code, but they frequently do. Congress and the courts let them get away with it, too. Legal challenges are unlikely to prevail.

    My own agency has big signs posted up warning that it is a felony, subject to 5 years in prison and a $250,000 fine, to possess a firearm anywhere on the grounds. Guess what? They are lying. The law they cite on those signs is very specific, and has to do with providing contraband to inmates. Outside the fence is not even addressed in the law.

    Kevin

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    I am fortunate enough to be able to park in the street (VA property) right in front of the federally leased building I work in. It also gets around that pesky consent to search vehicle when on federal property BS that one is forced to accept in order to maintain employment. It comes down to the fact that since the feds are in no way opposed to wasting the peoples money for frivolous **** I definitely couldn't financially afford to beat them in the courts that they own and fund (key point there).

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    I park on the street in Arlington and walk onto Fed property where I work...also to avoid BS vehicle searches...I'm not the threat--Mohammed is...

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    I think it is a bit funny that the Federal Government doesn't trust the military & civilian employees of the Pentagon with firearms, yet they fire contract security "specialist" with little training and often zero experience to supplement the Pentagon police. No wonder a bunch of rag heads figured our country for such a easy target.

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    SIGguy229 wrote:
    I park on the street in Arlington and walk onto Fed property where I work...also to avoid BS vehicle searches...I'm not the threat--Mohammed is...
    +1
    Not Arlington, but same principle.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

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