Apropos the incident involving Senator Webb's aide, can anyone point me to the relevant legal rules about whether Senators and Representatives may themselves carry guns in D.C.? I've heard varying things on the subject, and I'd love to see some authoritative citations. Thanks!
UPDATE: Roll Call reports,
Although the D.C. prohibition against firearms was put into place in 1975, under a provision in federal law Members of Congress and their staffs are in essence given the right to bear arms on Capitol grounds.I'm not sure, though, just what the relevant "provision in federal law" is; nor am I sure that the Members lack an exemption from District law -- as I said, I'd love to have some pointers to the precise laws involved. Thanks to Joe Olson and FreeRide for alerting me to the Roll Call story.According to Capitol Police Board regulations established in 1967, Members and their aides are allowed to transport licensed firearms on the Capitol grounds in the course of carrying out their official duties provided the weapons are "unloaded and securely wrapped." (Directives published in recent years also state that staff must be verified by Capitol Police.)
Although the regulations expressly prohibit weapons on the floor of either chamber, as well as in the adjacent lobbies, cloakrooms and galleries, individual Members are allowed to "maintain firearms within the confines of [their] office."
But while Members and aides would technically have to violate District law just to transport a handgun to the Hill, Capitol Police are not under any obligation to report the offense to D.C. authorities.
Related Posts (on one page):
- Gun Charges Dropped Against Sen. Webb's Aide:
- Senators (or Representatives) and Guns:
- Gun Possession by Senator Webb's Aide:
Assuming this is true, Angle does raise the point that there still is no apparent way for Webb legally to transport a gun that he legally can carry in Virginia through the District of Columbia to the Capitol.
According to a post on this forum it is a matter of Capitol Police Policy:
"Capitol Police issued an operational directive that reiterated the department's longstanding gun policy, which states that "Members of Congress or, after verification, any agent or employee of a member of
Congress that is carrying a firearm will be admitted to the Capitol Complex provided the firearm is unloaded and securely wrapped."
(1) Firearms, dangerous weapons, explosives, or incendiary devices. - An individual or group of individuals -
(A) except as authorized by regulations prescribed by the Capitol Police Board--
(i) may not carry on or have readily accessible to any individual on the Grounds or in any of the Capitol Buildings a firearm, a dangerous weapon, explosives, or an incendiary device;
(ii) may not discharge a firearm or explosives, use a dangerous weapon, or ignite an incendiary device, on the Grounds or in any of the Capitol Buildings; or
(iii) may not transport on the Grounds or in any of the Capitol Buildings explosives or an incendiary device;
http://www.nraila.org/images/DOJltrTSA.pdf
TITLE 18 > PART I > CHAPTER 44 > § 926A Prev | Next
§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
"They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses"
I'm not sure what the defination of "attendance" is, but that should at least cover some cirumstances during actual sessions, as its hard to see how possesion would qualify as treason, felony, or breach of the peace (unless, I suppose, they were brandishing it about). No help for the poor aide though, he's on his own I believe.
18 USC 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 -
(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;
§ 22-4505. Exceptions to § 22-4504.
(a) The provisions of § 22-4504 shall not apply to marshals, sheriffs, prison or jail wardens, or their deputies, policemen or other duly appointed law enforcement officers, including special agents of the Office of Tax and Revenue, authorized in writing by the Deputy Chief Financial Officer for the Office of Tax and Revenue to carry a firearm while engaged in the performance of their official duties, and criminal investigators of the Office of the Inspector General, designated in writing by the Inspector General, while engaged in the performance of their official duties, or to members of the Army, Navy, Air Force, or Marine Corps of the United States or of the National Guard or Organized Reserves when on duty, or to the regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States, provided such members are at or are going to or from their places of assembly or target practice, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person having in his or her possession, using, or carrying a pistol in the usual or ordinary course of such business, or to any person while carrying a pistol unloaded and in a secure wrapper from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business or in moving goods from one place of abode or business to another.
(b) The provisions of § 22-4504 with respect to pistols shall not apply to a police officer who has retired from the Metropolitan Police Department, if the police officer has registered a pistol and it is concealed on or about the police officer.
§ 22-4506. Issue of licenses to carry pistol.
The Chief of Police of the District of Columbia may, upon the application of any person having a bona fide residence or place of business within the District of Columbia or of any person having a bona fide residence or place of business within the United States and a license to carry a pistol concealed upon his or her person issued by the lawful authorities of any State or subdivision of the United States, issue a license to such person to carry a pistol within the District of Columbia for not more than 1 year from date of issue, if it appears that the applicant has good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol and that he or she is a suitable person to be so licensed. The license shall be in duplicate, in form to be prescribed by the Mayor of the District of Columbia and shall bear the name, address, description, photograph, and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, and the duplicate shall be retained by the Chief of Police of the District of Columbia and preserved in his or her office for 6 years.
I don't have any experience with 2nd Am. issues or the broader context of the right to carry in D.C., but these two provisions seem to me to make it possible for a member of Congress to carry a pistol in D.C.. Nonetheless, I have a sneaking suspicion that I must be missing something here. If that's the case, would someone please fill me in?