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Old September 7, 2021, 06:48 PM   #5
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 16,794
Quote:
Originally Posted by FlyFish
Correct. Here in NH we have constitutional carry and the White Mountain National Forest (not National Park, but the "no carry in Federal buildings rule" still applies). There are a large number of WHNF outhouse-type toilets and my understanding is that taking your CCW into one is technically a violation of Federal law, as each is a Federal "building."
Actually, I don't think the outhouses would be a violation.

Disclaimer: I am not a lawyer.

The law governing carry in federal buildings is 18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities (https://www.law.cornell.edu/uscode/text/18/930 ). It says:

Quote:
(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.
However, as we should all know by now, the devil is in the details. 18 USC 930 also includes definitions:

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.
It's arguable that the park headquarters or visitor center would be a place where "federal employees are regularly present for the purpose of performing their duties." An outhouse or a toilet building, where someone checks it and mops it down once or twice a day, probably isn't considered a place where federal employees are "regularly" present.

I don't know if this has ever been tested in court. I also don't know how (or if) it applies to concession buildings such as the gift and souvenir shops that most national parks have, but which are not operated by the National Park Service.
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