Possession of a Handgun at a Federal Facility
Possession of a Handgun at a Federal Facility
The Second Amendment protects the right of the people to keep and bear arms. However, this right is not absolute. There are certain places where the government can prohibit firearms, including federal facilities. So what happens if you are caught with a handgun at a federal facility? Let’s take a look at the law and potential consequences.
The Law – 18 U.S.C. § 930
The primary federal law prohibiting firearms at federal facilities is 18 U.S.C. § 930. This statute makes it a crime to knowingly possess or cause to be present a firearm or other dangerous weapon in a federal facility.
There are a few exceptions, such as for authorized law enforcement officers performing official duties. But for the average citizen, it is illegal to bring a gun into a federal building or facility like a post office, Social Security office, or national park.
Violating this law can result in a fine and/or up to 1 year in prison. The penalties increase to up to 5 years in prison if you intended to use the firearm to commit another crime. And if someone is killed during the crime, punishment can include life imprisonment or even the death penalty.
So it’s clear that bringing a handgun into a federal facility is a serious federal offense with potentially severe consequences. But what exactly constitutes a federal facility?
Defenses and Exceptions
There are a few limited exceptions and defenses under 18 U.S.C. § 930 that could potentially apply:
The prohibition does not apply to authorized federal, state, or local law enforcement officers carrying out official duties 18 U.S.C. § 930(d)(1). So FBI agents, federal marshals, and other authorized officials can legally possess firearms at federal facilities.
Members of the Armed Forces
Members of the military are also exempt if their possession of a firearm on federal property is authorized by law 18 U.S.C. § 930(d)(2). For example, a service member carrying a weapon on a military base would not be violating the law.
Hunting and Lawful Purposes
There is an exception for the lawful carrying of firearms for hunting or other lawful purposes incidental to use of federal lands 18 U.S.C. § 930(d)(3). So hunters can legally possess firearms in national parks and wildlife refuges where hunting is authorized.
Lack of Notice
If the federal facility does not have signs posted at public entrances providing notice of the prohibition, that could potentially be a defense against prosecution 18 U.S.C. § 930(h). However, lack of notice does not excuse someone who had actual knowledge of the law.
Second Amendment
Some may try to argue the prohibition violates their Second Amendment right to bear arms. However, courts have consistently upheld the constitutionality of laws prohibiting guns in sensitive places like federal facilities. So a Second Amendment defense likely won’t prevail.
As you can see, the exceptions are very narrow. So if you don’t fall into one of those categories, it’s wise to leave firearms at home or in your vehicle before entering any property owned by the federal government.
Penalties
The penalties for possession of a firearm at a federal facility depend on the specific circumstances:
- Simple possession – Up to 1 year in prison and criminal fine 18 U.S.C. § 930(a)
- Possession with intent to commit another crime – Up to 5 years in prison 18 U.S.C. § 930(b)
- Killing someone during the crime – Any punishment including death 18 U.S.C. § 930(c)
The criminal fine can be as much as $100,000 under the alternative sentencing provisions of 18 U.S.C. § 3571.
In addition to any criminal penalties, violating this law will also result in being banned from possessing or transporting firearms in the future. So you would lose your Second Amendment right to keep and bear arms.
What About State Laws?
In addition to federal charges under 18 U.S.C. § 930, there may also be applicable state laws prohibiting firearms at certain locations. Many states have restrictions on guns at courthouses, schools, airports, and other government buildings.
So carrying a handgun into a federal facility could potentially result in both federal and state charges. The penalties may be consecutive, meaning they add up.
It’s important to check both federal and state laws before transporting firearms. Being unaware of certain state restrictions is not a valid defense.
Should You Fight the Charges?
Given the severe potential penalties, it’s almost always advisable to hire an experienced criminal defense attorney if charged under 18 U.S.C. § 930.
An attorney may be able to get charges reduced or even dismissed by raising procedural issues or arguing the search violated your Fourth Amendment rights. They can also develop any viable defenses based on the specific facts of your case.
Because gun laws are politically charged, drawing media coverage is a risk. So having a lawyer manage press inquiries is crucial to avoiding damage to your reputation.
Although expensive, a vigorous defense is wise when facing federal criminal prosecution and potential loss of liberty. Don’t take chances by trying to go it alone without an attorney.
Takeaways
The bottom line is that carrying a handgun into any federal facility – whether it’s a courthouse, national park, or post office – is a serious crime with potentially drastic consequences. We all want to exercise our Second Amendment rights. But it’s vital to do so responsibly by knowing and following applicable laws.
So leave your firearms at home or securely locked in your vehicle when visiting federal properties. It’s simply not worth the risk of accidentally breaking this federal law. Your best defense is being aware of the rules and following them diligently, no matter how you may feel about them. Responsible gun ownership means complying with firearms prohibitions. Save yourself the tragedy of accidentally breaking this law when visiting a federal facility.