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18 U.S.C. § 930Possession of firearms and dangerous weapons in Federal facilities

submitted 38 years ago by Pub. L. 100-690 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 610 words · no verdicts yet

in plain englishAI-generated · not legal advice

It is illegal to knowingly bring a firearm or dangerous weapon into most federal buildings. Exceptions exist for law enforcement, officials, and hunters. Bringing one into a federal court building is a separate, more serious crime. Someone who kills a person while breaking this law faces murder or manslaughter charges. Facilities must post notice of these rules, or a violation may not count as a crime.

(a) Except as allowed under subsection (d), anyone who knowingly brings, or causes to be brought, a firearm or other dangerous weapon into a federal facility — other than a federal court facility — or who attempts to do so, can be fined and imprisoned for up to 1 year, or both. (b) If someone does that intending the weapon to be used to commit a crime, the penalty rises: a fine and up to 5 years in prison, or both. (c) Anyone who kills a person while violating (a) or (b), or during an attack on a federal facility involving a firearm or other dangerous weapon, or who attempts or conspires to do so, is punished under the general federal murder and manslaughter laws. (d) Subsection (a) does not apply to: an officer, agent, or employee of the United States, a state, or a political subdivision, who is legally authorized to prevent, detect, investigate, or prosecute violations of law, doing their official duties; a federal official or member of the Armed Forces carrying a firearm or weapon as legally authorized; or someone lawfully carrying a firearm or weapon into a federal facility for hunting or another lawful purpose. (e) Except as described below, anyone who knowingly brings, or causes to be brought, a firearm or other dangerous weapon into a federal court facility, or who attempts to do so, can be fined and imprisoned for up to 2 years, or both. This rule does not apply to the same law-enforcement and military exceptions listed in subsection (d). (f) Nothing in this section limits a federal court's power to punish for contempt, or to make its own rules restricting or banning weapons inside its building, during its proceedings, or on its grounds. (g) Definitions. "Federal facility" means a building, or part of one, that the federal government owns or leases, where federal employees are regularly present to do their official duties. "Dangerous weapon" means a weapon, device, instrument, material, or substance — living or not — that is used, or is readily capable of being used, to cause death or serious bodily injury; it does not include a pocketknife with a blade under 2½ inches long. "Federal court facility" means the courtroom, judges' chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, the offices of the court clerks, the U.S. Attorney, and the U.S. Marshal, probation and parole offices, and the corridors that adjoin any of these, in any U.S. court. (h) Notice of the rules in subsections (a) and (b) must be posted clearly at every public entrance to a federal facility, and notice of the rule in subsection (e) must be posted clearly at every public entrance to a federal court facility. If that notice isn't posted, no one can be convicted under subsection (a) or (e) for that facility, unless the person actually knew about the rule anyway.

facts

- Codified at 18 U.S.C. § 930, titled "Possession of firearms and dangerous weapons in Federal facilities," part of the federal criminal code. - Enacted by Pub. L. 100–690, § 6215(a), on November 18, 1988 (102 Stat. 4361). - Amended six times, most recently by Pub. L. 110–177, § 203, on January 7, 2008. - Contains 610 words, organized into subsections (a) through (h). - Source credit reflects seven separate public laws spanning 1988 to 2008.
the actual law source: uscode.house.gov ↗public domain
(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 or other dangerous weapon 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 2½ 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.

Source credit: (Added Pub. L. 100–690, title VI, § 6215(a), Nov. 18, 1988, 102 Stat. 4361; amended Pub. L. 101–647, title XXII, § 2205(a), Nov. 29, 1990, 104 Stat. 4857; Pub. L. 103–322, title VI, § 60014, Sept. 13, 1994, 108 Stat. 1973; Pub. L. 104–294, title VI, § 603(t), (u), Oct. 11, 1996, 110 Stat. 3506; Pub. L. 107–56, title VIII, § 811(b), Oct. 26, 2001, 115 Stat. 381; Pub. L. 110–177, title II, § 203, Jan. 7, 2008, 121 Stat. 2537.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-690 · 102 Stat. 4361
  • 1990Amended · Pub. L. 101-647 · 104 Stat. 4857
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 1973
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3506
  • 2001Amended · Pub. L. 107-56 · 115 Stat. 381
  • 2008Amended · Pub. L. 110-177 · 121 Stat. 2537
The source credit shows that this section was added by Public Law 100–690, title VI, § 6215(a), enacted November 18, 1988, and published at 102 Stat. 4361. The credit further indicates that the section has since been amended six times: by Public Law 101–647 (1990), Public Law 103–322 (1994), Public Law 104–294 (1996), Public Law 107–56 (2001), and Public Law 110–177 (2008). The amendments are attributed only by citation in the record; the specific substantive changes each made are not detailed in the source credit itself. Historical context: Public Law 100–690 is generally known as the Anti-Drug Abuse Act of 1988, a broad piece of legislation enacted during a period of heightened congressional concern over drug-related violence and crime. Provisions addressing weapons in federal facilities are commonly understood, in a general sense, as part of a broader legislative effort in that era to enhance protections for federal employees, visitors, and government operations by restricting weapons in places where federal business is conducted. Beyond this general characterization, the record does not establish the specific legislative intent behind § 930 or why Congress chose this particular structure of exceptions and penalties. The later amendments, including the 2001 amendment enacted shortly after Public Law 107–56 (the USA PATRIOT Act), may reflect broader post-9/11 legislative activity, but the source credit does not document the purpose of any individual amendment, and no further inference should be drawn from the citation alone.

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