This irritates me.

CHL discussions that do not fit into more specific topics

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KBCraig
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Post by KBCraig »

Venus Pax wrote:Kevin, I want to clarify what you're saying.
Can my mom have a handgun in her vehicle if she is a CHL holder and in the federal building's parking lot? (I wouldn't want her walking from a different parking lot. I think it leaves her more vulnerable.)
What law are these individuals quoting so that I can mill through it?
I can't answer, I can only say that the law itself does not prohibit it. There can always be other factors that can have the weight of law:
- Is there a federal court in the building? If so, the court can establish a rule against firearms on the "appurtenant" grounds.
- If there are multiple tenants, the building is probably "owned" by General Services Administration. GSA might have codified a rule against firearms in or on their properties, by having it added to the CFR. That rule then has the weight of law.
- A parking garage (as opposed to a parking lot) is probably construed as a building.

In addition, there are workplace rules. Without going into it too deeply, her agency's rules against gun possession would not apply in a parking lot owned by another agency.

Finally, here is the most important thing for your mother to know: anyone, including employees, are free to refuse a search of their person, their belongs, or their car, if the search is a condition of entry. Understand that entry will be denied, and she'll have to leave. Whether she chooses to park elsewhere and then walk to work, or just use sick leave for the day, would be her choice.

For specifics on that, see this case:
http://www.govexec.com/dailyfed/0503/052303lb.htm

The law you asked about is 18 USC 930.

Kevin
KBCraig
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Post by KBCraig »

couzin wrote:
And now, the agency is admitting that I'm right. They've proposed a Rule (currently open for public comment)
I am interested in this - do you have the FR reference. You are correct that the agencies can and do use the CFRs to set the rules. Title 18 sec 930 has always been subject to some interpretation - although, as pointed out, I don't think anyone has tried the system and won yet.
Just as important, I don't think they've tried and lost. Most people kowtow. Understandably, when you've got a bunch of big men with guns telling you that it doesn't matter what they law says, you're going to jail anyway.

The proposed rule is FPB-2006-0006, "Possession or Introduction of Personal Firearms Prohibited on the Grounds of Bureau of Prisons Facilities". I can't post a direct link, because they use a dynamic system, but you can go to regulations.gov and search for it.

The public comment period ends on August 7. I invite everyone here to comment to the proposed rule, opposing it. You can do so online from the link above, by email, or by postal mail.

Kevin
Venus Pax
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Location: SE Texas

Post by Venus Pax »

thank you.
"If a man breaks in your house, he ain't there for iced tea." Mom & Dad.

The NRA & TSRA are a bargain; they're much cheaper than the cold, dead hands experience.
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