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Old June 13, 2009, 11:45 AM   #7
NavyLT
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Quote:
Originally Posted by langenc
Even next year the visitor centers, restrooms and other bldgs will be a no-no.
Quote:
Originally Posted by maestro pistolero
RESTROOMS? Do you have a source for this? Thanks
The applicable law is 18 USC 930. The applicable portions are:
Quote:
§ 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.

(g) As used in this section:

(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.

(2) The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 21/2 inches in length.

(3) The term “Federal court facility” means the courtroom, judges’ chambers,
witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.

(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.
Notice a couple of things.

1. (g)(1) requires Federal employees to be present regularly performing their official duties. I doubt very seriously that janitors cleaning the bathrooms in the National Park are actual Federal employees. It would more likely be a company contracted by the government, and the employees would be of the company, not the government. What matters, in that regards, is where that person's paycheck comes from - if it says US Treasury, they are a federal employee. If it says Joes Cleaning Service, they are an employee of Joes Cleaning Service, whether or not Joe has a contract with the government. Now, does a park ranger, using the facilities count as official duties?

2. (h) requires the facility to be posted. No posting=no prohibition. One cannot make an assumption of actual notification, it must be provided in such a way as to prove notification was received, for instance a pamphlet required to be given to every vehicle entering a park would be considered actual notification. But a statement such as, well he had to know it was a federal facility because it was a building in a National Park, is not actual notification.

I don't think restrooms will be off limits.
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