Possession/Carrying Restrictions
Transporting Guns Generally – Notwithstanding federal, state or local law, any person who is not otherwise prohibited by 18 U.S.C. § 921 et seq. from transporting, shipping, or receiving a firearm may transport a firearm for any lawful purpose from any place where he or she may lawfully possess and carry a firearm to any other place where he or she may lawfully possess and carry a gun if, during the transportation, the firearm is unloaded and neither the firearm nor any ammunition is readily accessible from the passenger compartment of such vehicle. 18 U.S.C. § 926A. If a vehicle does not have a compartment separate from the driver’s compartment, the firearm or ammunition must be contained in a locked container other than the glove compartment or console. Id.
Possession in Federal Facilities and Courts – Federal law generally prohibits the knowing possession of, or causing to be present, a firearm in a Federal facility (defined as a building or part of a building owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties) other than a Federal court facility. 18 U.S.C. § 930(a), (g)(1).
Federal law also prohibits:
The knowing possession of, or causing to be present, a firearm in a Federal facility with intent that a firearm or other dangerous weapon be used in the commission of a crime (18 U.S.C. § 930(b);
The killing of any person in the course of a violation of the firearm possession prohibitions under 18 U.S.C. § 930(a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon (18 U.S.C. § 930(c)); and
The knowing possession or causing to be present a firearm in a Federal court facility (defined as courtrooms, 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) (18 U.S.C. § 930(e)(1), (g)(3)).
Nothing in 18 U.S.C. § 930 limits the power of a court 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. 18 U.S.C § 930(f).
Possession in National Parks – Unless otherwise specifically permitted in a national park or park system, the federal government generally prohibits the possession, carrying, or use of a firearm in national parks or on national park property. 36 C.F.R. § 2.4(a)(1). The possession or carrying of a loaded firearm in a motor vehicle, vessel or other mode of transportation also is prohibited unless the vessel is not being propelled by machinery and is used as a shooting platform in accordance with Federal and State law. 36 C.F.R. § 2.4(b).
Firearms may be carried, possessed or used in certain areas, at certain times, where hunting, fishing and target practice are authorized. 36 C.F.R. § 2.4(a)(2).
Possession of a firearm is also lawful within a residential dwelling located on such property (36 C.F.R. § 2.4(a)(2)(iii)), and an unloaded gun may be possessed within temporary lodging or a mechanical mode of conveyance on park property if the firearm is rendered temporarily inoperable or is packed, cased or stored in a manner that will prevent its ready use (36 C.F.R. § 2.4(a)(3)).
Carrying Concealed Weapons
Federal law does not prohibit or require the carrying of concealed weapons by private citizens, nor provide rules for concealed weapons permits or licenses by private citizens. The adoption of such rules is largely left to the states.
Regarding the purchase of firearms, federal law does not require that a person holding a state-issue permit allowing the person to acquire or possess firearms (e.g., a concealed weapons permit) undergo a background check if the permit was issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3); 27 C.F.R. § 478.102(d). Permits issued after November 30, 1998 qualify as exempt only if the approval process included a NICS check. 27 C.F.R. § 478.102(d). This exemption could allow some prohibited persons to acquire firearms, in cases where a state permit holder falls into a prohibited category after issuance of the permit. Under the federal exemption, no background check is required and the seller would have no way to learn that the prospective purchaser is prohibited from possessing firearms.
Concealed Weapons Permits for Law Enforcement
Federal law provides that certain law enforcement officers may carry concealed firearms. Any “qualified law enforcement officer” with proper agency-issued identification may carry a concealed firearm. 18 U.S.C. § 926B. The term “qualified law enforcement officer” is defined as any employee of a governmental agency who:
Is authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;
Is authorized by the agency to carry a firearm;
Is not the subject of any disciplinary action by the agency;
Meets the standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
Is not prohibited by federal law from receiving a firearm.
Under federal law, any “qualified retired law enforcement officer” with proper identification also may carry a concealed firearm. 18 U.S.C. § 926C. The term “qualified retired law enforcement officer” is defined as an individual who:
Retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;
Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;
Either:
Before retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or
Retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;
Has a nonforfeitable right to benefits under the retirement plan of the agency;
During the most recent 12-month period, has met, at the expense of the individual, the state’s standards for training and qualification for active law enforcement officers to carry firearms;
Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
Is not prohibited by federal law from receiving a firearm.
These federal statutes supersede state and local laws regarding CCWs for law enforcement except in certain circumstances. States are not precluded from allowing private persons or entities to prohibit or restrict the possession of concealed firearms on their property by current or retired law enforcement. States also are not precluded from prohibiting or restricting the possession of firearms by current or retired law enforcement on any state or local government property, installations, buildings, bases or parks.
Click here to view additional information about carrying concealed weapons, including background information and state and local laws on the topic.
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