FL "Take your guns to work" Law and the BOP

[Gaoler]

776.012.

19 (6) STORAGE AND TRANSPORT OF FIREARMS IN LOCKED[/u]

20 VEHICLE IN PARKING AREA; PENALTY; IMMUNITY FROM LIABILITY.--[/u]

21 (a) No person, property owner, tenant, employer, or[/u]

22 business entity shall establish, maintain, or enforce any[/u]

23 policy or rule that prohibits or has the effect of prohibiting[/u]

24 any person who may lawfully possess, purchase, receive, or[/u]

25 transfer firearms from parking a motor vehicle on any property[/u]

26 set aside for the parking of a motor vehicle, whether or not[/u]

27 such property is designated as a parking lot, parking[/u]

28 facility, or parking space, when the person is lawfully[/u]

29 transporting and storing a firearm or firearms in the motor[/u]

30 vehicle and the firearm or firearms are locked in or locked to[/u]

31 the motor vehicle.

I was wondering if anyone who works with the BOP is familiar with their policy of no firearms on property. Does anyone know if that is a policy or if it is an actual law (if it is a law, can you reference the statute)?

[Mack the Hack]

It is a policy not a law. I would refer you to H.R. 5674 thought. It is a bill in congress right now that would make it a law that the BOP has someplace to secure our weapons on site and would allow us to carry to and from work.

[Gaoler]

I know about HR 5674 (Hopefully it will go through). I was just curious as to what happens in states that have a similar law as this new FL one. I'm not sure which other states have something similar.

[Fed C.O. 33]

The new Florida Law you are talking about exludes Prisons so that is a no go on that one.

[bar_acres]

good bye all

[KBCraig]

Originally Posted by bar_acres

Presently, in our current political environment, with the way the law is written on LEOSA...BOP Staff are prohibited from carrying their personal weapons on Federal, State, or local government buildings, installations, grounds, etc. This means NO PERSONAL WEAPONS ON PRISON PROPERTY!

There is no law prohibiting firearms from federal "prison property". There is a BOP policy, but no law. (Those signs posted at the parking lot entrances, warning of dire penalties for firearms, alcohol, etc., are lies. Yes, it's true: our beloved BOP management has been lying to us and the public for decades. Shocking, I know!)

There is a law prohibiting firearms in "federal facilities", but it explicitly defines "facilities" to mean buildings, not grounds. It also excludes firearms carried by law enforcement officers or for other "lawful purposes".

There is another law prohibiting "introduction of contraband", which the law defines as "providing or attempting to provide contraband to an inmate", not mere possession.

It's also too far-reaching to say "BOP Staff are prohibited from carrying their personal weapons on Federal, State, or local government buildings, installations, grounds, etc." LEOSA doesn't prohibit anything; what it does say is that it doesn't override state laws (if they exist) prohibiting firearms on or in government property. It also doesn't override state laws allowing private property owners to restrict firearms.

Some states are more anal about public property than even the feds, but others have few restrictions. In Texas, the only public property that is restricted are school buildings (not grounds), courts, and the secure area of prisons/jails.

After reviewing my papers that I carry with my pistol, I could not find the actual list of areas that we are prohibited from carrying spelled out. But I did read it somewhere...I believe it includes: Airports, schools, sporting events (probably because of alcohol availability), Federal buildings (Post Office, Prisons, VA Centers, COURT houses, private businesses displaying the proper warning signs prohibiting Concealed Carry, Airports, BANKS...Hopefully I didn't leave any out. I'll keep looking for that comprehensive list I read once...need to have it with my other LEOSA papers.

Yes, a good review is in order.

Airports: Off limits only if they are government-owned, and there is a state law prohibiting carry there. Only two states, IIRC, ban concealed carry from the non-secure side of airports. Arkansas is one, and I forget the other.

Schools: Varies wildly from state to state. In Texas you can carry anywhere except inside school buildings. In New Hampshire you can carry everywhere. In some states you can't even pull into the parking lot to turn around.

Federal facilities: LEOSA doesn't affect federal property.

Private businesses: If state law allows private property owners to ban firearms, and they post their property according to the law, then you can't carry there. In Texas, that restriction only applies to CHL holders.

Athletic events/alcohol: Only if on government property, and state law restricts carry there. The only restriction about alcohol is that you cannot be intoxicated. Remember that "intoxicated" can be defined differently when you're not driving, and doesn't necessarily require 0.08 BAC.

Banks: Nope, no restriction. They're private property, so they fall under the same rules as any other private business. There are a couple of states (NC and SD, I think) where their license/permit holders aren't allowed to carry in banks, but that doesn't apply under LEOSA.

Many people have the same misconceptions, brother, so don't take it the wrong way. It's important to brush up on the law itself, not just what people say about the law (including me).

Kevin

[Crosstimbers Okie]

I'm sticking this one.

[bar_acres]

good bye all

[Movementarian]

I don't understand your arguement.

Originally Posted by bar_acres

Hey Brother! The Law Enforcement Officers Safety Act (LEOSA) is a United States federal law, enacted in 2004, that allows two classes of persons -- the "qualified law enforcement officer" and the "qualified retired law enforcement officer" -- to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions.

The LEOSA was considered during the 108th Congress as H.R. 218. It was signed into law by President George W. Bush on July 22, 2004 as Public Law 108-277. It is codified as 18 U.S. Code 926B (qualified law enforcement officers) and 926C (qualified retired law enforcement officers).

I can copy from Wikipedia too! Law Enforcement Officers Safety Act - Wikipedia, the free encyclopedia

Originally Posted by bar_acres

LEOSA-qualified individuals must continue to obey federal laws and agency policies that restrict the carrying of concealed firearms in certain federal buildings and lands.

Kevin did not say that BOP policy is curcumvented by LEOSA, he said that the restriction is BOP policy and not a law as claimed.

Originally Posted by bar_acres

The LEOSA is a broad based law covering many agencies...

Reread your "papers". LEOSA covers individuals, not agencies.

Originally Posted by bar_acres

GOOD LUCK WITH YOUR INTERPRETATION.

Kevin's interpreation is 100% correct, perhaps you should have read it before copying a bunch of stuff off of Wikipedia and posting here like you are the authority on the interpretation of LEOSA. You yourself said you weren't sure of the limitations and Kevin provided some excellent examples.

[Hack]

I as of today received this from Nancy Boyda (R-KS). It's not really saying a whole lot at this moment, but for those who are Kansas citizens within her district, email is something that she listens to. I am keeping her in mind, come election time, as she does seem to be both pro gun, and pro federal employee, to a point.

Yahoo! Mail
Responding to your message to Congresswoman Boyda
Wednesday, October 1, 2008 4:10 PM
From:
"Congresswoman Nancy Boyda" <ks02ima@mail.house.gov>
To:
******@yahoo.com













October 1, 2008







Dear Mr. and Mrs. ********,



I'm delighted that you have contacted me and thank you for your work at the Federal Prison at Leavenworth . I appreciate hearing from you and welcome the opportunity to share my thoughts with you. Thank you for helping keep our communities safe.



The Federal Correctional Workers Safety Act of 2008 (HR 5674) was introduced by Congressman Kendrick Meeks from Florida and received support from both sides of the aisle. The bill will ensure that all federal prisons, including the prison at Leavenworth has a safe and secure area for you to store your firearm. Be assured that I will be following this legislation closely.



As I evaluate gun-related issues in the 110th Congress, I have tried to keep honest, gun-owning Kansans in the forefront of my mind. These are the actions that I have co-sponsored in the previous years that promoted legal firearms:



o Opposing the Reinstatement of an Assault Weapons Ban

In 1994, Congress passed a law banning the sale of certain semi-automatic guns. That ban expired in 2004. Rep. Carolyn McCarthy introduced H.R. 1022, the Assault Weapons Ban and Law Enforcement Protection Act of 2007, to reinstate the ban while slightly modifying the definition of "assault weapon."

I oppose H.R. 1022 and will not vote for it. Federal statistics show little effect from the first ban, and there is no reason to believe it will work any better the second time around.

Relegate



o Supporting the Repeal of Excessive Gun Control Laws in D.C.

Washington , D.C. has some of the most restrictive gun control laws in the country. Since 1976, District residents have been banned from owning new handguns, and they can not keep loaded guns in their house. Carrying an unloaded gun from room to room in their house violates the ban on "transporting" weapons. All this in a city with one of the highest violent crime rates in the country.



On September 17, 2008, I supported HR 6691, the Second Amendment Enforcement Act. The passing of this bill followed the Supreme Court's decision to end the 32 year long restriction of handguns in the nation's capitol. This bill was introduced by Representative Travis Childers and is strongly supported by the National Rifle Association. The repeal of the gun ban in Washington D.C. is now in the hands of the Senate in order to become law. The second amendment assures every American the right to own a firearm, and Washingtonians shouldn't be excluded.



o Supporting the Expansion of Lands Available to the Public Hunters

Since 1995, Kansas has opened over 1 million acres of private land to public hunting through its WIHA (Walk In Hunting Access) program. Preserving access to hunting lands is just as important to preserving access to hunting weapons - we need to have more programs like these. I am a co-sponsor of H.R. 2473, a bill to provide $20 million in grants to states to expand conservation and public hunting-access programs. I will work to get this program enacted, either as part of the Farm Bill or as separate legislation.



Thank you again for writing me. I will keep your concerns in mind as further issues arise, but please do not hesitate to contact me. I appreciate your input, and I look forward to hearing from you again in the future on matters of importance to you.



Sincerely,

Nancy Boyda
Member of Congress

This is not an active email account, if you would like to contact our office through email, please go to our website: Congresswoman Nancy Boyda : Home.