Federal Law 18USC930

F

FullerH

Joined
Nov 25, 1998
Messages
12,632
Here is the text of the Federal law governing the carrying of knives, and other such items, on Federal installations. As a Federal employee, I intend to print this out and to carry it with me in my pack at all times.
**********************************************************************
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 or attempts to kill 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, shall be punished as provided in sections 1111, 1112, and 1113.

(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.

(Added Pub. L. 100-690, title VI, Sec. 6215(a), Nov. 18, 1988, 102 Stat. 4361; amended Pub. L. 101-647, title XXII, Sec. 2205(a), Nov. 29, 1990, 104 Stat. 4857; Pub. L. 103-322, title VI, Sec. 60014, Sept. 13, 1994, 108 Stat. 1973; Pub. L. 104-294, title VI, Sec. 603(t), (u), Oct. 11, 1996, 110 Stat. 3506.)

Amendments

1996--Subsec. (e)(2). Pub. L. 104-294, Sec. 603(t), substituted
``subsection (d)'' for ``subsection (c)''.
Subsec. (g). Pub. L. 104-294, Sec. 603(u)(1), redesignated subsec.
(g), related to posting notice in Federal facilities, as (h).
Subsec. (h). Pub. L. 104-294, Sec. 603(u)(2), substituted ``(e)''
for ``(d)'' wherever appearing.
Pub. L. 104-294, Sec. 603(u)(1), redesignated subsec. (g), related
to posting notice in Federal facilities, as (h).
1994--Subsec. (a). Pub. L. 103-322, Sec. 60014(2), substituted
``(d)'' for ``(c)''.
Subsecs. (c) to (g). Pub. L. 103-322, Sec. 60014(1), (3), added
subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
1990--Subsec. (a). Pub. L. 101-647, Sec. 2205(a)(1), inserted
``(other than a Federal court facility)'' after ``Federal facility''.
Subsecs. (d), (e). Pub. L. 101-647, Sec. 2205(a)(2), (3), added
subsec. (d) and redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-647, Sec. 2205(a)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (f)(3). Pub. L. 101-647, Sec. 2205(a)(4), added par. (3).
Subsec. (g). Pub. L. 101-647, Sec. 2205(a)(5), inserted ``and notice of subsection (d) shall be posted conspicuously at each public entrance to each Federal court facility,'' after ``each Federal facility,'', ``or (d)'' before ``with respect to'', and ``or (d), as the case may be'' before the period.
Pub. L. 101-647, Sec. 2205(a)(2), redesignated subsec. (f) as (g).

Effective Date of 1990 Amendment

Section 2205(b) of Pub. L. 101-647 provided that: ``The amendments made by subsection (a) [amending this section] shall apply to conduct engaged in after the date of the enactment of this Act [Nov. 29, 1990].''

Section Referred to in Other Sections

This section is referred to in sections 2332b, 2339A of this title; title 20 section 1415.
 
I carry a copy of the statute with me whenever my job takes me to Federal buildings other than the one where I normally work. The odds that security has actually read (and understood) subparagraph (g)(2) are way too long to be taking chances.

Of course, when away from home, I also limit my office carry to a knife with a blade that's clearly under 2 1/2".
 
Being I know this, i take my Stryker out of my pocket and leave it in the car whenever I go to the P.O. However, I noticed they do not have any sign at the door or the lobby. Would I be OK carrying it in in the future. It is not a big deal, but if I do not have to go through the hassle of removing it from my pocket and replacing it every time I don't want to. What do you guys think?
 
I am not a lawyer and I do not play one on television, so you may guess what my advice is worth. That said, I do work in an agency enforcing federal rules and laws every day and I would say that absent any sign, they would have a tough time enforcing the law. HOWEVER, you would be the one to pay lawyer fees, etc., and to have your property at risk, so it is up to you whether you wish to try to deal with some security guard who is paid the minimum wage. Remember that most federal agencies contract out their security as that is somehow supposed to be better, how I have never figured out. As with airport security, you get what you pay for.
 
Like Hugh, I'm not an attorney, but I also work for a Federal agency and my job involves (well not so much now that I'm in management) the application of law, regulations, and case law. I've done a fair amount of research on this topic. Please note subparagraph (h). If notice isn't posted, you aren't breaking the law until the security guard tells you that your knife is not welcome, at which point you smile, politely say, "thank you," and leave the premises.

For that matter, as I've noted in other similar discussions at BladeForums, less than 2 1/2" is not a limit on blade length, but rather a specific exclusion from the definition of dangerous weapons. The Appeals Courts have held that in order to violate this section you must a) knowingly possess said dangerous weapon; b) be on notice that dangerous weapons are prohibited; and c) be carrying it for unlawful (i.e., criminal) purposes.

And, of course, if you leave your knife in your pocket, the security guard, if there is one (none at my local P.O.), won't know you're carrying it. Common sense rules the day.
 
Well, the 2 1/2 inch exclusion is great if the security guards and I agree on what constitutes 2 1/2 inches. My last trip to Battle Creek I carried a 2 1/2 inch SAK - measured the way most of the planet measures - from the tip of the blade to the bolster/handle.

However, the security guard told me it was over 2 1/2 inches by 1/8 of an inch. I asked how he figured that. He stated his boss had told them to measure the blade from the "knuckle" (the term he used). He was pointing at the juncture of the blade and the back spacer. I told him that was ridiculous, he told me I could bring the knife in that day, but not for the rest of the week.

By the way, I'm a federal employee, just not from that city/building. Thus, I have to go through a metal detector and put all my belongings through the x-ray. Only out of town federal employees are possible terrorists, I guess.

So, I bought a Spyderco Navigator for my next trip at the end of February - we'll see how it goes.

Dean
 
Sorry to dredge this thread up!

At the military base where I work as a civilian contractor, signs have been placed referencing 18 USC 930. I prefer to carry small fixed blades for EDC utility. Would a fixed blade with cutting edge less than 2.5" (e.g., Jens Anso Sheepsfoot model) be considered a pocketknife? Or is a pocketknife only commonly considered to be a folding knife?

Thanks,

Matthew
 
Generally, the Courts rely on the common dictionary definition where the law isn't specific. "Pocketknife" is commonly defined as a small knife with one or more blades that can fold into the handle when not in use.

In other words, if they're going to the trouble to post 18 U.S.C. sec. 930, it's probably time to stop carrying fixed blades. :(
 
Thanks for the reply (even though it wasn't what I wanted to hear :().

It was nice of them to post the signs referencing 18 USC 930 without posting the part that defines "weapon" :rolleyes:

Thanks again,

Matthew
 
First of all let me state that I'm not a lawyer. I work on a military base and can tell you what I have observed. If you are a contractor or maintenance type and have a need for that type of knife it should be okay. Don't take my word for it, or anyone else's here. Go to the Provost Marshal's Office, probably better without the blade, and ask them. I've found that they usually will give you straight scoop without a lot of hassles. If you need to get the answer in writing get it from an officer.

Just a thought..........
 
You must log in or register to reply here.
Back
Top