kennys
Regular Member
imported post
A few weeks back I had sent a letter to Wolf Trap questioning the basis of their weapons ban. Maybe I worded itin correctly, maybe not. Below is my message to them along with there response. Figured it would be a good topic.
From: Kennys
Sent: Friday, March 12, 2010 3:10 PM
To: Wolf Trap
Subject: Regarding the no weapons in your rules.
I had noticed in you rules that you deny legal weapons carry and I was looking for a clarification. You said it was Federal Law and I don't know where to find that. Please pay special attention to the items in Red
TITLE 18 > PART I > CHAPTER 44 > § 930
§ 930. Possession of firearms and dangerous weapons in Federal facilities How Current is This?
(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.
As per definition.
THE GUN CONTROL ACT OF 1968
TITLE 18, UNITED STATE CODE, CHAPTER 44
TITLE I : STATE FIREARMS
CONTROL ASSISTANCE
PURPOSE
Sec. 101. The Congress hereby declares
that the purpose of this title is to
provide support to Federal, State, and
local law enforcement officials in their fight against crime and violence, and it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title.
This should conclude that your list of rules is currently out dated. Could you please verify this for me, and if I am incorrect please point me to the regulations that shows me you are in the right by not allowing legally carried fire arms.
Thank you for your time
Reply:
Dear Mr. Kennys:
This responds to your email inquiry to the Wolf Trap Foundation dated March 12, 2010, regarding the prohibition of firearms at the Filene Center at Wolf Trap National Park for the Performing Arts. Specifically, your questions appear to focus on whether persons lawfully carrying firearms under Virginia law may enter a posted Federal facility by virtue of 18 U.S.C. § 930(d)(3) and/or Section 101 of the Gun Control Act of 1968.
Because the National Park Service has responsibility for visitor services at Wolf Trap National Park for the Performing Arts, your inquiry was forwarded to me for response.
As you are likely aware, a recent Federal law, now codified at 16 U.S.C. § 1a-7b and which took effect on February 22, 2010, generally allows the possession of firearms in national parks, subject to other Federal firearms laws and the firearms laws of the state and locality where the park is located. By its terms, however, § 1a-7b has no effect on a Federal statute such as 18 U.S.C. § 930, which generally prohibits firearms in a Federal facility. The term "Federal facility" is defined at § 930(g)(1) as 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." At Wolf Trap, the NPS has determined that the Filene Center, the fenced area that encompasses the ticketed entrance facility and performing arts and other visitor-related structures, is a Federal facility. Consistent with the provisions of § 930(h), NPS has "posted conspicuously at each public entrance" notices that firearms are prohibited within this facility.
Your inquiry suggests that possession of weapons is lawful under § 930(d) which exempts from the reach of § 930(a) the lawful carrying of firearms in Federal facilities if it is "incident to hunting or other lawful purposes."
As you may be aware, primary responsibility for interpreting and enforcing the U.S. Criminal Code rests with the U.S. Department of Justice (DOJ).
Based on our discussions, DOJ does not view a provision of state law generally allowing persons to possess firearms as sufficient by itself to authorize the possession of firearms in Federal facilities under section § 930(d). Your letter also cited a reference to "personal protection" in a provision of an uncodified Congressional purpose statement from the 1968 Gun Control Act. That provision does not alter our conclusion. Finally, in response to your request, no regulations have been promulgated to implement § 930.
Thank you for your interest in Wolf Trap National Park for the Performing Arts.
Sincerely,
Duane Erwin, Chief Ranger
Wolf Trap National Park for the Performing Arts
1551 Trap Road, Vienna, Virginia 22182-1643 Office # (703) 255-1822 Fax # (703) 255-4009
A few weeks back I had sent a letter to Wolf Trap questioning the basis of their weapons ban. Maybe I worded itin correctly, maybe not. Below is my message to them along with there response. Figured it would be a good topic.
From: Kennys
Sent: Friday, March 12, 2010 3:10 PM
To: Wolf Trap
Subject: Regarding the no weapons in your rules.
I had noticed in you rules that you deny legal weapons carry and I was looking for a clarification. You said it was Federal Law and I don't know where to find that. Please pay special attention to the items in Red
TITLE 18 > PART I > CHAPTER 44 > § 930
§ 930. Possession of firearms and dangerous weapons in Federal facilities How Current is This?
(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.
As per definition.
THE GUN CONTROL ACT OF 1968
TITLE 18, UNITED STATE CODE, CHAPTER 44
TITLE I : STATE FIREARMS
CONTROL ASSISTANCE
PURPOSE
Sec. 101. The Congress hereby declares
that the purpose of this title is to
provide support to Federal, State, and
local law enforcement officials in their fight against crime and violence, and it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title.
This should conclude that your list of rules is currently out dated. Could you please verify this for me, and if I am incorrect please point me to the regulations that shows me you are in the right by not allowing legally carried fire arms.
Thank you for your time
Reply:
Dear Mr. Kennys:
This responds to your email inquiry to the Wolf Trap Foundation dated March 12, 2010, regarding the prohibition of firearms at the Filene Center at Wolf Trap National Park for the Performing Arts. Specifically, your questions appear to focus on whether persons lawfully carrying firearms under Virginia law may enter a posted Federal facility by virtue of 18 U.S.C. § 930(d)(3) and/or Section 101 of the Gun Control Act of 1968.
Because the National Park Service has responsibility for visitor services at Wolf Trap National Park for the Performing Arts, your inquiry was forwarded to me for response.
As you are likely aware, a recent Federal law, now codified at 16 U.S.C. § 1a-7b and which took effect on February 22, 2010, generally allows the possession of firearms in national parks, subject to other Federal firearms laws and the firearms laws of the state and locality where the park is located. By its terms, however, § 1a-7b has no effect on a Federal statute such as 18 U.S.C. § 930, which generally prohibits firearms in a Federal facility. The term "Federal facility" is defined at § 930(g)(1) as 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." At Wolf Trap, the NPS has determined that the Filene Center, the fenced area that encompasses the ticketed entrance facility and performing arts and other visitor-related structures, is a Federal facility. Consistent with the provisions of § 930(h), NPS has "posted conspicuously at each public entrance" notices that firearms are prohibited within this facility.
Your inquiry suggests that possession of weapons is lawful under § 930(d) which exempts from the reach of § 930(a) the lawful carrying of firearms in Federal facilities if it is "incident to hunting or other lawful purposes."
As you may be aware, primary responsibility for interpreting and enforcing the U.S. Criminal Code rests with the U.S. Department of Justice (DOJ).
Based on our discussions, DOJ does not view a provision of state law generally allowing persons to possess firearms as sufficient by itself to authorize the possession of firearms in Federal facilities under section § 930(d). Your letter also cited a reference to "personal protection" in a provision of an uncodified Congressional purpose statement from the 1968 Gun Control Act. That provision does not alter our conclusion. Finally, in response to your request, no regulations have been promulgated to implement § 930.
Thank you for your interest in Wolf Trap National Park for the Performing Arts.
Sincerely,
Duane Erwin, Chief Ranger
Wolf Trap National Park for the Performing Arts
1551 Trap Road, Vienna, Virginia 22182-1643 Office # (703) 255-1822 Fax # (703) 255-4009