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Old January 28, 2010, 09:48 AM   #1
psyfly
Senior Member
 
Join Date: April 27, 2007
Location: Texas
Posts: 780
Question re: CCW and "Federal Facilities"

The question, in essence is:

Has the reference in Title 18, Part I, Chapter 44, section 930 (d), (3) (my bold text) been tested/had judicial opinion issued in terms of whether self-defense with proper state-approved CCW might qualify under "other lawful purposes" for "shall not apply"?


Applicable Federal Law (my excerpt, my emphasis):

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.
...


Thanks to all you legal types.

Best,

Will
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