No guns allowed at National Cemetery

[Kimba]

I am going to visit my Mother who is interred here:

http://www.cem.va.gov/cems/nchp/ncalleghenies.asp#regs

There are several signs stating that for your safety,no guns, knives or other weapons are allowed.

I am curios if this is a lawful sign.

I am assuming that it is federal property but wouldn't this (bolded) cover me and make it legal to carry there?

§ 930. Possession of firearms and dangerous weapons in Federal facilities

(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.

Or is this like the lawful purpose as it relates to school zones? Where no one wants to be a test case?


OASN, I was a set back that they have these signs at a cemetery for vets and their families.

[tl_3237]

National Cemeteries come under Dept of Veterans Affairs.

38 CFR § 1.218
§ 1.218 Security and law enforcement
at VA facilities.
(a) Authority and rules of conduct.
Pursuant to 38 U.S.C. 901, the following
rules and regulations apply at all property
under the charge and control of
VA (and not under the charge and control
of the General Services Administration)
and to all persons entering in
or on such property. The head of the facility
is charged with the responsibility
for the enforcement of these
rules and regulations and shall cause
these rules and regulations to be posted
in a conspicuous place on the property.

(13) Weapons and explosives. No person
while on property shall carry firearms,
other dangerous or deadly weapons, or
explosives, either openly or concealed,
except for official purposes.

Something I posted last year. 930 would not prohibit you unless you enter into buildings that are 'Federal Facilities'. It would not apply to the outdoors.

Unfortunately you would be prohibited by the CFR on any VA property (indoors and outdoors), including national cemeteries.

[Kimba]

Something I posted last year. 930 would not prohibit you unless you enter into buildings that are 'Federal Facilities'. It would not apply to the outdoors.

Unfortunately you would be prohibited by the CFR on any VA property (indoors and outdoors), including national cemeteries.

Thanks, my search mojo is weak.

I played it safe and left the firearm at home.

I felt nekkid

[LongOneShortOne]

By whom; under what authority can the "keep and bear" part of Constitutional be set aside? The signs simply quote themselves as authority, giving only Paragraph or Line of a Post Regulation. I understand that the Top Dog can come up with any number of "regulations", but case-law here would seem to be lacking, and Top Dog would seem to be erring on the side of caution, while still "inadvertently" trampling on Veterans' Constitutional rights. A co-posted notice in my local facility states (without backing of regulation or law) that ANY VETERAN REPORTING FOR V.A. ASSISTANCE IS LIABLE TO STOP / SEARCH / SEIZURE OF ANYTHING IN THE VEHICLE OR ANY PACKAGE IN THE VEHICLE, AND TREATMENT WILL BE WITH-HELD UNTIL THE PERSON IS IN COMPLIANCE. Seems to me a "guilty until we say you are innocent" catch-22. [PM me if you would like to pursue this with me; I'll be the guinea-pig.]

[The_War_Wagon]

Yeahhh... just as sure as the libturds got wind of you carrying at the cemetery, they'd say - "SEEEEE!!! Just LOOK at all those DEAD PEOPLE she left in her wake!!!"

[donm]

By whom; under what authority can the "keep and bear" part of Constitutional be set aside?

I'm thinking it's the same authority that says active duty members of the armed forces must be disarmed on military bases.