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Thread: 18 USC 930

  1. #1
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    Hey all just thought I would see how you would interperate this Code.





    From the U.S. Code Online via GPO Access
    [www.gpoaccess.gov]
    [Laws in effect as of January 3, 2007]
    [CITE: 18USC930]

    [Page 235]

    TITLE 18--CRIMES AND CRIMINAL PROCEDURE

    PART I--CRIMES

    CHAPTER 44--FIREARMS


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

    (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 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, or
    attempts or conspires to do such an act, shall be punished as provided
    in sections 1111, 1112, 1113, and 1117.
    (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.
    (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.

    (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; Pub. L. 107-56, title VIII, Sec. 811(b), Oct. 26,
    2001, 115 Stat. 381.)


    Amendments

    2001--Subsec. (c). Pub. L. 107-56 struck out ``or attempts to kill''
    after ``A person who kills'', inserted ``or attempts or conspires to do
    such an act,'' before ``shall be punished'', and substituted ``1113, and
    1117'' for ``and 1113''.
    1996--Subsec. (e)(2). Pub. L. 104-294, Sec. 603(t), substituted
    ``subsection (d)'' for ``subsection (c)''.
    Subsec. (g). Pub. L. 104-294, Sec. 603(u)(1), redesignated subsec.
    (g), related to posting notice in Federal facilities, as (h).
    Subsec. (h). Pub. L. 104-294, Sec. 603(u)(2), substituted ``(e)''
    for ``(d)'' wherever appearing.
    Pub. L. 104-294, Sec. 603(u)(1), redesignated subsec. (g), related
    to posting notice in Federal facilities, as (h).
    1994--Subsec. (a). Pub. L. 103-322, Sec. 60014(2), substituted
    ``(d)'' for ``(c)''.
    Subsecs. (c) to (g). Pub. L. 103-322, Sec. 60014(1), (3), added
    subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g),
    respectively.
    1990--Subsec. (a). Pub. L. 101-647, Sec. 2205(a)(1), inserted
    ``(other than a Federal court facility)'' after ``Federal facility''.
    Subsecs. (d), (e). Pub. L. 101-647, Sec. 2205(a)(2), (3), added
    subsec. (d) and redesignated former subsec. (d) as (e). Former subsec.
    (e) redesignated (f).
    Subsec. (f). Pub. L. 101-647, Sec. 2205(a)(2), redesignated subsec.
    (e) as (f). Former subsec. (f) redesignated (g).
    Subsec. (f)(3). Pub. L. 101-647, Sec. 2205(a)(4), added par. (3).
    Subsec. (g). Pub. L. 101-647, Sec. 2205(a)(5), inserted ``and notice
    of subsection (d) shall be posted conspicuously at each public entrance
    to each Federal court facility,'' after ``each Federal facility,'', ``or
    (d)'' before ``with respect to'', and ``or (d), as the case may be''
    before the period.
    Pub. L. 101-647, Sec. 2205(a)(2), redesignated subsec. (f) as (g).


    Effective Date of 1990 Amendment

    Section 2205(b) of Pub. L. 101-647 provided that: ``The amendments
    made by subsection (a) [amending this section] shall apply to conduct
    engaged in after the date of the enactment of this Act [Nov. 29,
    1990].''


  2. #2
    Regular Member We-the-People's Avatar
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    It doesn't matter how we interpret it but rather how the federal courts where such cases would be heard interpret it. Care to guess how they interpret it?

    Yup, you guessed it. You do NOT want to be another test case as you will lose.

    There is another thread running around OCDO about carry in post offices which have yet another set of rules that seem to allow lawful carry but the courts found otherwise.

    Perhaps with incorporation and a few more supreme court rulings that are favorable we can actually have the full second amendment but until then, be thankful that Oregon is one of the more gun friendly states. Just take a look at what the open carry folks in California have to go through. Unloaded, stay away from schools by 1000 feet, law enforcement can check unloaded condition (and routinely do) anywhere, unlawful search (i.e. running serial numbers of weapons, running ID's if surrendered, etc.), long detentions while running said numbers, veiled and not so veiled threats, and in many jurisdictions an impossible to get concealed license.

    With the exception of a few cities here in Oregon, even an unlicensed (CHL) carrier doesn't have to deal with the majority of that garbage and basically anyonethatcanlawfully buy a gun can get a CHL.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  3. #3
    State Researcher lockman's Avatar
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    Ok, now we need some case citations where someone carrying legally under state law and in compliance with the exemption provided has been convicted and upheld on appeal.

    Skip any cites arising on Postal property or buildings housing federal court facilities as they are not covered by exemption provided or are in violation of other sections of law.



  4. #4
    Founder's Club Member - Moderator ed's Avatar
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    NavyLT wrote:
    Hey all just thought I would see how you would interperate this Code.
    I interpret it to mean that if I come across a sign that says anything similar to "Federal Property" or "US Property" "No Firearms Allowed", that I will leave my gun behind. It doesn't seem that difficult.
    I have found plenty of signs placed in violation of the law. More than half of them hae been removed. It takes time, research and effort. I don't go in armed with my gun, but I am armed with a pen and paper... we all should be.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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