Off Duty Carry In A Federal Building

[ROOKIE33]

I Was In A Social Security Office In Texas An The Guard Ask If I Was On Offical Business Or Off Duty When I Said He Ask If I Could Secure My Firearm In My Car. What Does The Law Say About This.

[Deputy757]

Here is the US Code regarding your question. Just out of curiousity, were you on or off duty? It's not clear from your post. The reason I ask is that I once responded to a disorder at the local Social Security office in a town I used to work in. Long and short of it, there was an irate "customer" who got into a shouting match with the lone security guard assigned to this office. The manager of the office pulled me aside and said that we (the on duty police) would have to leave our guns in our cars the next time we came into the office. I looked him straight in the eye and said that we would not respond to any call at this office without being armed and that he would just have to have his rent a cop take care of any further disturbances. I also told him I was going to make a call to SS HQ and see if they were on board with his interpretation of the federal statute (which I did). Apparently he got a call from someone because I got a call from him later that day and he retracted his idiotic instruction.

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 930. Possession of firearms and dangerous weapons in Federal
facilities

-STATUTE-
(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.
(e)(1) Except as provided in paragraph (2), whoever knowingly
possesses or causes to be present a firearm in a Federal court
facility, or attempts to do so, shall be fined under this title,
imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described
in paragraph (1) or (2) of subsection (d).
(f) Nothing in this section limits the power of a court of the
United States to punish for contempt or to promulgate rules or
orders regulating, restricting, or prohibiting the possession of
weapons within any building housing such court or any of its
proceedings, or upon any grounds appurtenant to such building.
(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 2 1/2 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.

[ROOKIE33]

I Was Off Duty

[Joxer]

How did he know you had a firearm?

[slim202cop]

I've been "carrying with duty" into many Federal Buildings in the short time I've been on the force. I just flash my ID and Badge and they tell me to step around and proceed.

I regularly visit my old job(Dept. of Commerce) and I have encountered no problems.

[slim202cop]

I've been "carrying with duty" into many Federal Buildings in the short time I've been on the force. I just flash my ID and Badge and they tell me to step around and proceed.

I regularly visit my old job(Dept. of Commerce) and I have encountered no problems.

I meant "carrying while off duty" - (NO EDIT)

[Switchback]

All the US District Courts with which I am familiar will not allow off-duty officers to carry firearms in the courthouse. Some (not all) will allow those agents/officers testifying to carry a firearm. Anyone entering our building that is not USMS (or USMS Task Force) must check their firearm.

[Bearcat06]

I know that around here (Kansas City, MO) the only building I am not allowed to carry in on or off duty is the Federal Courthouse. I have to lock mine up even if I am uniform. Their bldg., their rules. I know that when go into the Federal bldg. that houses the FPS PD, I flash my badge and a I allowed to walk around. Rent-a-cops don't hassle you at all. Of course, some of them are off-duty guys from other agencies, so that may help.

[Joeyd6]

I have never had a problem in NY yet. They have been very accepting. I even went to one agency for a "employment information" thing and they said I may carry it or offered me the opportunity to lock in a lock box in which I could take the key if I wanted to.

On a side note, ofifcers off-duty are not allowed to carry into NYC or NYS Family court in New York if they "involved" in the case.

[Deputy757]

If I had were called to testify in a federal courthouse and upon appearing in uniform I was told I had to secure my weapon, I'd politely advise them to contact the US attorney handling the case and inform him/her that I would be going home to change. I understand the off duty requirement, but the USC clearly allows local LE to carry while on duty. Sounds like a little chest thumping to me!

[Switchback]

Still the feds house. No one mandates you to testify in uniform. And there should be no other weapons unless carried by a Deputy US Marshal.

US Code does not preclude you from riding a horse into the courtroom either... I Wnt to see that one done! :D USC does, however, allow the USMS and GSA to set their own guidelines/policies for the US Courthouses and US properties.

[Swat1]

I don't know this for sure, but my belief was that the Senior District Court Judge made that decision, not the USMS. I know that in Portland, OR, if you are a sworn LEO, whether it be fed, state or local, you can carry inside the building as long as you are not going into a courtroom. Once you present your credentials the Court Security Officer will ask you if you are going to Court. If your' answer is no, you go right through no problems. If you are, you secure it.

Swat1*

[Deputy757]

And there should be no other weapons unless carried by a Deputy US Marshal.

Like I said...chest thumping. There's no good reason why a local LEO shouldn't be allowed to carry his firearm when in uniform and inside a federal building (courtroom or otherwise).

US Code does not preclude you from riding a horse into the courtroom either... I Wnt to see that one done!
This makes it sound like USC is ambivalent about local LE carrying in a courtroom. It's not...it actually says that we can. I agree, judges can set their own rules..and that's fine. There are many around here that ignore the law regarding different offenses when it suits them.

[Switchback]

Uh, yeah... chest thumping... being I have no hand in the policy.

I'm sorry you mistake stating the facts as chest thumping. I'll try to candycoat future posts for you.

[Deputy757]

And there should be no other weapons unless carried by a Deputy US Marshal.

Sorry, didn't see any reference to policy in that statement. But even so, your policy is in direct contravention to USC. So what is it about local LEO that the USMS finds so incompetent that they would come up with such a policy. I know, I know...you have no hand in creating the policy and that's fair enough. But I didn't see you expressing any disagreement with it either!