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February 19th, 2010, 04:39 PM #1Member
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Philadelphia,
Pennsylvania
(Philadelphia County) - Posts
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Magazine Inside A Federal Building
I was at 3rd and Chestnut inside the US Customs Building. I remember to leave my pistol behind in my car but I forgot about my extra mag. Sercurities saw the mag in my jacket pocket and told me to put it back in my car. When I came back into the building; they told me that they didn't want to deal with paperworks and that they didn't want me to go through all the trouble over an inocense mistake acting like they did me a huge favor. I respectfully thank them and went on my way.
A magazine without a pistol attach is not exactly a lethal weapon; can't find any law relating to this matter. What is the law regarding a pistol magazine inside a federal building? Yes, it was loaded.
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February 19th, 2010, 04:53 PM #2Banned
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philly,
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Re: Magazine Inside A Federal Building
i did a similar thing... had to go to the federal building on arch st. left my gun, but brought my bag in (which had an extra mag). they scanned it and didn't say anything, wasn't an issue.
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February 19th, 2010, 05:53 PM #3
Re: Magazine Inside A Federal Building
A magazine is considered part of the gun.
Loose ammunition is your pocket will also get you in trouble.
They all fall under the term "dangerous weapon'' which I bolded below.
U.S. Code
§ 930. — Possession of firearms and dangerous weapons in Federal facilities.
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 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.
(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."Having a gun and thinking you are armed is like having a piano and thinking you are a musician" Col. Jeff Cooper (U.S.M.C. Ret.)
Speed is fine, Accuracy is final
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February 19th, 2010, 06:09 PM #4
Re: Magazine Inside A Federal Building
They can consider a marshmallow to be a flotation device, that doesn't make it so.
A magazine is not a firearm, and it's not a dangerous weapon for purposes of criminal prosecution (some states define hi-caps as "firearms", but I'm talking about the less-insane jurisdictions). Now, the deputies may prohibit your entry with a magazine, or bullets, or a handcuff key, or the "Busting Handcuffs Open with Items Commonly Found in Courthouse Conference Rooms" manual, but refusing to allow it in is not the same as successfully prosecuting you for it.
If it were legally part of the gun, then you'd be able to check it into their secure storage lockers.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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February 19th, 2010, 06:16 PM #5
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February 19th, 2010, 06:20 PM #6
Re: Magazine Inside A Federal Building
"Having a gun and thinking you are armed is like having a piano and thinking you are a musician" Col. Jeff Cooper (U.S.M.C. Ret.)
Speed is fine, Accuracy is final
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February 19th, 2010, 06:29 PM #7
Re: Magazine Inside A Federal Building
Don't they still have them? I know of one well-known lawyer who got into some trouble for allegedly trying to only check one of his two pistols in at the Federal District Court, some years back.
And if that's the Federal definition of "deadly weapon", I doubt that there's ever been a successful prosecution of someone who brought just a loaded mag into a Federal building. It's no more of a weapon than a rock or a shoe.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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February 19th, 2010, 06:34 PM #8
Re: Magazine Inside A Federal Building
Peace, Prosperity, and Liberty
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February 19th, 2010, 06:35 PM #9
Re: Magazine Inside A Federal Building
Get your "Guns Save Lives" stickers today! PM for more info.
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February 19th, 2010, 07:24 PM #10
Re: Magazine Inside A Federal Building
I work security at several different federal facilities in Pittsburgh.
There are no lockers for anyone including LE in any federal facility I work in. This includes the Federal Building, Federal Court House, several social security offices and the main Post Office downtown.
According to federal criminal codes, a magazine or a round of ammunition IS a device, instrument, material, or substance, animate or inanimate, that is used for, causing death or serious bodily injury.
I don't know for sure if there has ever been a successful prosecution of someone who brought just a loaded mag into a Federal building, but then again I don't know there hasn't either.
Here's something else to read, I can't find the same order for the Fed Court House in Pittsburgh:
http://www.ohsd.uscourts.gov/general...Procedures.pdf"Having a gun and thinking you are armed is like having a piano and thinking you are a musician" Col. Jeff Cooper (U.S.M.C. Ret.)
Speed is fine, Accuracy is final
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