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Bill of Rights applies to _______?

Posted: Thu Apr 09, 2009 6:53 pm
by boomerang
WildBill wrote:
boomerang wrote:
will381796 wrote:FEDERAL PROPERTY = NO CARRY. NOT EVEN IN YOUR CAR.
Can someone explain this to me?

I hear people say the Bill of Rights hasn't been "incorporated" so it doesn't apply to the states. Only the feds.

If what you're saying is right then it sounds like the Bill of Rights doesn't apply to the feds either. :headscratch
That's a whole different thread. This one is about keeping Brian704 out of the slammer while he and his wife visits NASA.

OK. This is that different thread. Someone please explain.

Re: Bill of Rights applies to _______?

Posted: Thu Apr 09, 2009 7:39 pm
by LarryH
TITLE 18 > PART I > CHAPTER 44 > § 930

§ 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 21/2 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.

Re: Bill of Rights applies to _______?

Posted: Thu Apr 09, 2009 8:11 pm
by boomerang
They say the Bill of Rights hasn't been "incorporated" so it doesn't apply to the states.

You quoted a law showing it doesn't apply to the feds. COE lakes are another example.

So who does it apply to?

Re: Bill of Rights applies to _______?

Posted: Thu Apr 09, 2009 11:31 pm
by srothstein
Well, so far, the only court decision on who it applies to and when was the case of Heller v D.C.

In that case, the SCOTUS said the Second Amendment protected an individual right to own guns, in their own homes, for self defense. They did not inlcude carrying anywhere outside the home (not a question before the court) and they did not include states (part of the question was if D.C. was a state or not for this concept and it is federal).

So, we really don't know yet if the Second protects your right to carry outside the house on federal lands or in or out of yoru home in a state. Well, we don't know what the courts will say, anyway. I know what I think it means.

Re: Bill of Rights applies to _______?

Posted: Fri Apr 10, 2009 9:30 pm
by sneedb82
srothstein wrote:Well, so far, the only court decision on who it applies to and when was the case of Heller v D.C.

In that case, the SCOTUS said the Second Amendment protected an individual right to own guns, in their own homes, for self defense. They did not inlcude carrying anywhere outside the home (not a question before the court) and they did not include states (part of the question was if D.C. was a state or not for this concept and it is federal).

So, we really don't know yet if the Second protects your right to carry outside the house on federal lands or in or out of yoru home in a state. Well, we don't know what the courts will say, anyway. I know what I think it means.
Great analysis Steve. Personally, I believe that since the the Republic is funded by tax dollars, in which I pay annually (quarterly as well), then I believe that if I have the personal right to carry inside my home, than I have the right to also carry as well on Federal lands (especially COE lands)... but that's not something that I think a federal judge will appreciate!

Re: Bill of Rights applies to _______?

Posted: Fri Apr 10, 2009 9:33 pm
by Doug.38PR
The Bill of Rights applies to the Federal government. The FEDERAL GOVERNMENT shall not infringe the right of the people of the states right to keep and bear arms PERIOD, no ifs, ands or buts.

But that means 0 to the current rulers of the American Empire

Re: Bill of Rights applies to _______?

Posted: Fri Apr 10, 2009 11:09 pm
by LaUser
Doug.38PR wrote:The Bill of Rights applies to the Federal government. The FEDERAL GOVERNMENT shall not infringe the right of the people of the states right to keep and bear arms PERIOD, no ifs, ands or buts.

But that means 0 to the current rulers of the American Empire
or to the previous imperial presidency