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Thread: Carrying your pistol in Police Departments and Court houses?

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    Hello folks,

    I'm new to this forum, so forgive me if this topic has been covered. I've been reading several posts on here, and I've noticed that a lot of members of this forum carry their pistol to court buildings and police departments. So it's my understanding that it's legal to do so unless there's a metal detector that you can't go past with your weapon?

    Seeing how police departments and courts have signs up that say "No weapons", does that mean they can provide you with a lock box to store your weapon in before you go about dealing with your business?

    How does this differ with Federal buildings, such as Federal courts and Federal Law Enforcement Agencies, such as F.B.I. buildings?

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    Federal buildings (unconstitutionally) prohibit firearms completely; you can't carry in the post office, for example. The federal buildings may have lockers available for you to store a firearm in, but they may not. I would call ahead and ask them first. (They're much more friendly towards local law enforcement carrying/storing firearms than they are the average citizen.) State law does not require them to provide storage lockers, because the feds view their federal regulations (unconstitutionally) as trumping state law. (10th amendment...)

    As far as courthouses go, you need to read the actual RCW's very carefully. RCW 9.41.300 is very specific about where you can and can't take a firearm and what provisions for safe storage (and liability of storing) that firearm must be available to you at some of those locations.

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    Interesting. I was under the impression that Law Enforcement (Of any kind) can carry their firearm anywhere, when on official duty or not. I always knew carrying on Airlines was sort of a shady area, unless they are on official duty (Which would be rare for a local police officer to be on official duty on an airline)

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    Aaron1124 wrote:
    Interesting. I was under the impression that Law Enforcement (Of any kind) can carry their firearm anywhere, when on official duty or not. I always knew carrying on Airlines was sort of a shady area, unless they are on official duty (Which would be rare for a local police officer to be on official duty on an airline)
    Sky Marshals and pilots who have completed some form of FAA training for firearms in airplanes are the only folks I know of who can carry on commercial aircraft. I don't believe any law enforcement agency other than that specific branch of the U.S. Marshal service is able to carry on commercial aircraft.

    There was an act enacted called the Law Encorcement Officer's Safety Act of 2004 that allows LEO's to carry concealed (with LEO ID) in any state, but it does not supersede state or federal laws in terms of places they can carry. See Chapter 44 of Title 18 USC Section 926A, 926B and 926C for details on the 2004 amendment as it applies to LEO's. Sorry, this URL does not link nicely like the above URL did... http://frwebgate.access.gpo.gov/cgi-...=2756&TYPE=PDF If you read carefully, you'll find that the states still have the ability to prohibit LEO's from other states from carrying in their state as per state law. Federal law also applies to all LEO's. So if you are an LEO or a retired LEO carrying concealed via the LEO Safety Act of '04, you should contact the FBI building or courthouse before you conceal there.

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    Actually, most federal agents (USSS S.A., FBI S.A., etc...) are allowed to carry on airlines whether on duty or not.

    And as far as my experience goes, this does not extend to regular FLEOs, ie, uniformed officers.

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    Regular Member shad0wfax's Avatar
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    Thanks for the clarification on federal agents carrying in commercial airplanes, EOD. I guess things have changed some since 9/11?

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    FAQ's. Does anyone read them anymore?

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    I'm new to the forum.

    I looked it up actually, and you are correct. All Federal Law Enforcement can board passenger aircraft while armed, because they have jurisdiction across the nation, where as a local police officer would have to be on official duty, and would (in most cases) need permission from both his Chief and the F.A.A.

    I'll post the information on here after I find it again

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    shad0wfax wrote:
    If you read carefully, you'll find that the states still have the ability to prohibit LEO's from other states from carrying in their state as per state law.
    I just read it carefully and the only prohibition that the states retain is the ability of private businesses to ban guns (even those carried by LEO), and the ability to restrict carry on state property (courthouses, etc). I see no ability for the states to generally opt out of this law.

    Maybe I am misreading your statement above as to which restrictions you meant.

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    shad0wfax wrote:
    Sorry, this URL does not link nicely like the above URL did...
    http://glocktalk.com/forums/showthread.php?t=905813

    This forum has the added challenge that it's WYSIWYG editor makes the tags invisible when you preview, and tries to assume correct tags when you copy+paste, so sometimes you have to delete a link (and the text around it) to get rid of the invisible tags, then add your own correct ones.

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    According to a Trooper I just talked to, Law Enforcement of any kind, are exempt from having to check their weapons at Federal Building, according to Federal Law, with the exception of flying on an airplane, which requires approval from the airline.

    "Typically if a police officer is on duty, and he's in uniform conducting police business, he can carry his weapon into a restricted area such as a federal building. An off duty officer will typically check in with the building's security, display identification, and be admitted with his weapon concealed.

    Law Enforcement officers are exempt from these laws, with the exception of flying on an airplane. That requires approval from the airline.

    I've been to the Post Office many times, and have never been asked to check my weapon."

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    Aaron1124 wrote:
    I've been to the Post Office many times, and have never been asked to check my weapon."
    You are not supose to carry your gun to post office concealed or open

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    Hmm. Well apparently this Trooper does. Hasn't seemed to have a problem. I doubt anyone would tell him to leave it in the car.

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    There is NO exception in this USC for LEO's OFF-DUTY to remain armed. It only applies during the "lawful performance of official duties"

    HEADING Sec. 930.
    Possession of firearms and dangerous weapons in Federal facilities

    STATUTE

    (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.

    (b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.

    (c) A person who kills or attempts to kill any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, shall be punished as provided in sections 1111, 1112, and 1113.

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

    (1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;

    (2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or

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


    (e)(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.

    (e)(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).


    (f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building. (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.

    (2) The term ''dangerous weapon'' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.

    (3) The term ''Federal court facility'' means the courtroom, judges' chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.

    (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.


    SOURCE (Added Pub. L. 100-690, title VI, Sec. 6215(a), Nov. 18, 1988, 102 Stat. 4361; amended Pub. L. 101-647, title XXII, Sec. 2205(a), Nov. 29, 1990, 104 Stat. 4857; Pub. L. 103-322, title VI, Sec. 60014, Sept. 13, 1994, 108 Stat. 1973; Pub. L. 104-294, title VI, Sec. 603(t), (u), Oct. 11, 1996, 110 Stat. 3506.)

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    Interesting. Are these laws not always enforced, seeing how the Trooper I was talking to routinely carries inside the U.S. Post Office?

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    rule of thumb is no firearm is allowed to be brought into a courthouse. you have to check it. and even though some cities say you need to check it in but they refuse to and tell you to leave it in your car.

    got to love renton for their misleading info.

    you can thank the nutcase who opened fire in the king county courthouse years ago for that law.

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    Court Protection Deputies carry firearms in courtrooms.. The U.S. Marshall's, when it comes to Federal Courts.

    It would be stupid for them not to, in my opinion. If a criminal really wants to sneak a weapon in, he's going to find a way, and (in my opinion) there needs to be someone who can return equal fire given an event like that turns out.

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