imported post
hirundo82 wrote:
Decoligny wrote:
If it is not inside a building USC 18930 does not apply.
US Code Title 18
Paragraph 930
Section (g)
Subsection (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.
There may be some other section of federal law that applies to it. Post office signs only cite 18 USC 930 and say that carry is prohibited in the buildings and parking lots. If 18 USC 930 were the only applicable law parking lots would be OK, but there is a post office-specific part of the CFR (Code of Federal Regulations) that prohibits firearms anywhere on post office property.
The problem is that federal law has become so expansive that it can be tough to determine what is OK and what is not. A major contributor to this is that federal agencies are free to publish their own regulations (outside the legislative process), and these regulations have the full force of criminal law behind them.
You're right, the cemetery is owned by the Department of Veterans Affairs.
Title 38 CFR Sec. 1.218 Security and law enforcement at VA facilities.
(a) Authority and rules of conduct. Pursuant to
38 U.S.C. 901, the
following rules and regulations apply at all property under the charge
and control of VA (and not under the charge and control of the General
Services Administration) and to all persons entering in or on such
property. The head of the facility is charged with the responsibility
for the enforcement of these rules and regulations and shall cause
these rules and regulations to be posted in a conspicuous place on the
property.
<snip>
(13) Weapons and explosives. No person while on property shall carry
firearms, other dangerous or deadly weapons, or explosives, either
openly or concealed, except for official purposes.
<snip>
(b) Schedule of offenses and penalties. Conduct in violation of the
rules and regulations set forth in paragraph (a) of this section
subjects an offender to arrest and removal from the premises. Whomever
shall be found guilty of violating these rules and regulations while on
any property under the charge and control of VA is subject to a fine as
stated in the schedule set forth herein or, if appropriate, the payment
of fixed sum in lieu of appearance (forfeiture of collateral) as may be
provided for in rules of the United States District Court. Violations
included in the schedule of offenses and penalties may also subject an
offender to a term of imprisonment of not more than six months, as may
be determined appropriate by a magistrate or judge of the United States
District Court:
<snip>
(37) Possession of firearms, carried either openly or concealed,
whether loaded or unloaded (except by Federal or State law enforcement
officers on official business, $500.
(38) Introduction or possession of explosives, or explosive devices
which fire a projectile, ammunition, or combustibles, $500.
(39) Possession of knives which exceed a blade length of 3 inches;
switchblade knives; any of the variety of hatchets, clubs and hand-held
weapons; or brass knuckles, $300.
<snip>
Title 38 USC § 901. Authority to prescribe rules for conduct and penalties for violations
(a)
(1) The Secretary shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property.
(2) In this chapter, the term “Department property” means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services.
(b) Regulations under subsection (a) shall include—
(1) rules for conduct on Department property; and
(2) the penalties, within the limits specified in subsection (c), for violations of such rules.
(c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary.
(d) The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply.
(e) The Secretary shall consult with the Attorney General before prescribing regulations under this section.
So the sign is wrong, but it is also right.
