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Old September 7, 2021, 09:24 PM   #7
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 16,794
Quote:
Originally Posted by Screwball
Signs are usually posted visibly at entrances… at least our land border Port of Entry (CBP) it is. Visitor center at Acadia National Park is the same, as I was carrying there in July. Main public entrances have a sign stating no firearms unless X. Pretty much, on duty law enforcement, Federal L/E (on/off duty), and persons present incidental to hunting are exempt within 18 US Code §930. ME is Constitutional carry, but neither permit or permit-less carry trump that USC. The hunting exemption does also state “other lawful purposes,” but I’ve never seen Federal case law that establishes state permits (or Constitutional carry) as such. If someone does have an example, I’m interested in reviewing it.
Maine is a special case. Which is why I have a non-resident Maine permit.

Maine's permitless carry law specifically excludes state parks unless you have a Maine carry permit. The National Park Service defaults to the law of the state in which a national park is located. Therefore, you can't carry in Acadia National Park unless you have a Maine permit. My grandparents lived in Maine, but they passed away years ago. Nonetheless, Acadia is (was, pre-COVID-19) one of my favorite places on earth, so I got the Maine permit just in case I make it back to Acadia.

Quote:
Originally Posted by Screwball
Federal property is a big issue for different situations, not just firearm possession. If they say buildings, it likely means a structure that is on the specific property… which isn’t privately owned. Either a specific agency or GSA (sort of like the real estate managers for the Federal government). Our agency has ports that CBP owns, and ports that we lease from GSA… who owns it. In all intents/purposes, both categories are Federal buildings.
But the law doesn't prohibit carry or possession in "buildings," it prohibits carry and possession in "federal facilities" -- and the definition of what constitutes a "federal facility" for the purposes of that law is right in the law.

Quote:
(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.
Quote:
Originally Posted by Screwball
We have the same “no firearm” signs in the primary lanes, as we consider the inspection area part of Federal property. Depending on the officer, it will depend on how someone carrying is treated. I’m more of the stance that if they are declaring it, less of a threat than the guy who isn’t saying anything. Usually, I’ll ask them to keep their hands on the wheel/dash, verbally describe where it is, and then move from there (last one off the top of my head, I removed a P938 from a traveler’s holster, cleared, and then continued my inspection). Now, by legal letter of the law, someone carrying is breaking the law…
What law are they breaking? 18 USC 930 prohibits carry or possession IN "federal facility." The definition of a federal facility doesn't say "property," it says "a building or part thereof." Unless you have drive-though indoor inspection lanes, there's no way 18 USC 930 applies to the inspection lanes.

Don't be confused by the Postal Service and the Veterans Administration. There are separate regulations addressing possession of firearms on USPS and VA property, and those regulations do say "property."
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