Local Office of a Congressman, Federal Property?

[tdyoung58]

Anybody know if the 'local' PA offices of US Congressmen are considered Federal Property.

ie... Tim Holden has a local office in Lebanon, PA

[Statkowski]

Is there one of those red, white & blue shields stating Federal Property?

Who's paying the rent for the space, him or Uncle Sam?

[Sebastian]

Controlling law in question here is 18USC930, the relevant sections of which are here:

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.

[...]

(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.

[...]

(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.

[...]

(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.

Under this definition, your local Congressman's congressional office is either leased or purchased by the federal government as part of the Congressman's budget for maintaining offices. They are, under the definition of this law, federal facilities. However, in order to be prosecuted, his offices would have to post, or you would have to have "actual notice," which if I understand the definition of that term legally, means if someone tells you that it is a federal facility where firearms are prohibited, and you go there with a gun, that's your notice, and you can be prosecuted. This basically means, you would have been better off being ignorant. Now you have "actual notice" and may not carry there.

Of course, I'm not a lawyer. A lawyer might want to verify what I'm saying. But I wouldn't rely on not having notice, or on the "other lawful purposes" clause here. The wise move is to consider congressional offices to be federal facilities, and not carry.

[tdyoung58]

+1

I'm sure it would come under the 'leased' clause.... thanks

[Statkowski]

The question is - who is doing the leasing? Is it the federal government? Or, is it the congressman? Yes, there is a difference.

[TaePo]

The question is - who is doing the leasing? Is it the federal government? Or, is it the congressman? Yes, there is a difference.

Hmmmm, do the critters lease then get reimbursed later?? I would imagine that scenario more likely than a blank check from gov't saying go find an office somewhere and we'll sign for it.

[Howard Bullock]

Controlling law in question here is 18USC930, the relevant sections of which are here:

[INDENT]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.

[...]

(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.

[...]

What does the or other lawful purposes encompass?

[tdyoung58]

What does the or other lawful purposes encompass?

I guess that woud be something the SCOTUS would decide