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VA merges with ATF?

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
195
 

Brian D.

Regular Member
Joined
Jul 27, 2007
Messages
910
Location
Cincy area, Ohio, USA
As we know there are now many more VA (mostly outpatient) facilities than in previous times. Thing is, a fair amount are just one rented floor of a medical arts building, or a single large rented storefront in a strip mall. The VA doesn't own THOSE parking lots, but signage sometimes falsely suggests otherwise. (I checked up on a few of those around here to verify property ownership.)
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,601
Location
Cincinnati, Ohio, USA
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…….
38 CFR § 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.
(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.
The Secretary is directly charged with the responsibility for the maintenance of law and order. Therefore, the Secretary is under an obligation to discharge his duties in a manner consistent with the Constitution and statutes. In other words, the Secretary is not charged with creating regulations that interfere or deny persons their rights protected either by law or the Constitution.

18 U.S. Code § 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.
(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.
 

Brian D.

Regular Member
Joined
Jul 27, 2007
Messages
910
Location
Cincy area, Ohio, USA
That last sentence you bolded reads just like a section of USPS regulations. "..hunting or other lawful purposes." In my opinion nothing but weasel wording, to allow prosecutors to NOT prosecute when a "connected" person is caught. Who the hell hunts at the post office or VA hospital? "Other lawful purposes" is pretty vague.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,601
Location
Cincinnati, Ohio, USA
That last sentence you bolded reads just like a section of USPS regulations. "..hunting or other lawful purposes." In my opinion nothing but weasel wording, to allow prosecutors to NOT prosecute when a "connected" person is caught. Who the hell hunts at the post office or VA hospital? "Other lawful purposes" is pretty vague.
Lawful purposes really is not vague.

Lawful. Legal; warranted or authorized by the law; having the qualifications prescribed by law; not contrary to nor forbidden by the law; not illegal. To say of an act that it is "lawful" implies that it is authorized, sanctioned, or at any rate not forbidden, by law.

Article VI of the Constitution describes what qualifies as the law of the land. The only national laws are the Constitution, congressional law, and treaties. And, congressional law (statutory law) and treaties are only lawful if they pass constitutional muster. In Heller, Scalia told you what the law of the land is, the “Second Amendment implicitly recognizes the pre-existence of the right and declares only that it ‘shall not be infringed.” Then Scalia reiterated, “Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers.”

The Heller Court has also held that the Second Amendment guarantees “the individual right … to carry weapons in case of confrontation”—that is, to “wear, bear, or carry … upon the person or in the clothing or in a pocket, for the purpose … of being armed and ready for offensive or defensive action in case of conflict with another person.”

In addition, per McDonald, the Heller Court held that self-defense is a basic right, recognized by many legal systems from ancient times to the present day, and in Heller, we held that individual self-defense is “the central component” of the Second Amendment right.

So, all the regulation says is if you know the secrete handshake you get to carry in VA facilities.
 
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