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Do "Safe Haven" Exemptions Apply to Federal Parking Lots?


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#1 Hawkeye

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Posted 14 February 2019 - 11:33 PM

I recently took my 3 hour training as part of the renewal process.  The instructors were very good, and knowledgeable on the fine points of the law.  It was a far better class than the original training I took at another business 5 years ago.

 

I did come away with one question that I thought I might be able to get some clarification on here.

 

As they discussed the "no go" places specified in the law when we are required to disarm to enter, they also detailed the "safe haven" provisions that allow us leave a firearm in the vehicle in a parking lot to enter the "verbotten" areas.

 

I had an old thought bouncing around in my memory from the first go around that you could NOT store your weapon in the car in the parking lot of any federal facility such as a Postal Office or Federal Courthouse,  I asked the instructor about it, and he said there was no such prohibition in the law.  I assume he is correct, but thought I should touch base with him if I found out my old memory was right.

 

Can you store your weapon in your car parked in the lot of a federal facility?

 

Thanks for your help!

 

 



#2 Craigcelia

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Posted 14 February 2019 - 11:53 PM

No, you cannot carry anywhere on federal property. State law covers the parking lot exception (what you referred to as "Safe Haven"). No federal property (includes post offices) or anywhere regulated by the Federal Nuclear Commission (Nuke plants). Sent from my SM-G955U using Tapatalk

Edited by Craigcelia, 14 February 2019 - 11:57 PM.

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#3 spanishjames

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Posted 15 February 2019 - 12:02 AM

I believe you can't carry anywhere "prohibited by federal law". Some federal lands for example, are permitted.

Edited by spanishjames, 15 February 2019 - 12:04 AM.

To disarm is to consent to slavery.


#4 Hawkeye

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Posted 15 February 2019 - 12:45 AM

Yes.  I was not referring to carrying in any of those places, but whether it was permitted to even have a weapon in your car if you were in a parking lot of a federal facility.

 

Sounds like the Illinois law permits that, then.

 

Thank you!



#5 Kaeghl

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Posted 15 February 2019 - 01:39 AM

Illinois law says safe haven for the Illinois specified "no guns areas", however, Federal Parking Lots are still no guns allowed, even in lock boxes in the trunk. You get caught with your Illinois mandated safely stored gun in the trunk, and cry "But but but ....safe haven!!!", the marshals will just laugh at you as you are thrown prone and cuffed and stuffed, future felon.

I've driven home and stowed my EDC in the safe before even driving onto Post Office property to drop a letter in the driveway side mailbox.

#6 Dog1

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Posted 15 February 2019 - 07:16 AM

Federal law cannot be overruled by state law. Therefore nothing in the Illinois Concealled Carry act can authorize anything prohibited by federal law. However there is no federal law universally prohibiting storage, concealled carry or open carry on federally owned land.

#7 lockman

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Posted 15 February 2019 - 07:35 AM

Not all federal property is off-limits for possession/carry. All federal locations where possession or carry of firearms is prohibited shall be clearly posted. If there is no sign warning you of a prohibition or restriction it is lawful. If it is posted your Illinois carry exemption will not apply. For those locations that should be posted because the law clearly states it is unlawful, but is not posted, you may be subject to arrest but the title 18 clearly states you cannot be convicted. Those federal properties specifically mentioned in the FCCA Are off-limits regardless whether they’re posted or not. ^ this ***

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#8 Craigcelia

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Posted 15 February 2019 - 08:18 AM

Yes.  I was not referring to carrying in any of those places, but whether it was permitted to even have a weapon in your car if you were in a parking lot of a federal facility.

 

Sounds like the Illinois law permits that, then.

 

Thank you!

No, don't confused Illinois law with federal.  Illinois law cannot overrule federal.  Can you keep a firearm in your vehicle, in the parking lot on federal property - NO.


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#9 Scipio24

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Posted 15 February 2019 - 08:38 AM

In my prior residence, when going to the post office, I would park across the street, disarm, and then walk into the post office.  Safe haven doesn't not apply in federal, posted, property (though the only two that come to mind are the post office and nuclear facilities).  I know carrying in national parks is now acceptable (with buildings posted) so I would assume that it would be legal to store your weapon in a secured, locked location in your vehicle prior to going into one of those buildings...?

 

My current post office is in a strip mall and a shared parking lot...my assumption is I CAN store in my car there and just not carry into the post office.  After all, I could park in the same space and walk into the shop next door (not-posted) and that would all be legal...sound legit to others?


"Malo periculosam, libertatem quam quietam servitutem"

Translation: "I prefer dangerous freedom over peaceful slavery."

Letter from Thomas Jefferson to James Madison, January 30, 1787


#10 soundguy

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Posted 15 February 2019 - 08:46 AM

I had to work at one of those posted Federal properties a couple years ago. I did not have any guns but there were a couple bottles of wine in the back seat. They were discovered and I was required to dispose of them off the property. I imagine there would have been a bigger problem if I had guns or ammo.

 

Stashed the wine behind a rock up the road and picked it up at the end of they day.


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#11 fxdpntc

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Posted 15 February 2019 - 08:52 AM

Veterans Administration Facilities would also be prohibited areas.

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#12 spanishjames

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Posted 15 February 2019 - 09:05 AM

This is how the law is written.  It doesn't say all Federal property is off limits.

 

(22) Any street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. The licensee shall not under any circumstance store a firearm or ammunition in his or her vehicle or in a compartment or container within a vehicle located anywhere in or on the street, driveway, parking area, property, building, or facility described in this paragraph.
 
(23) Any area where firearms are prohibited under federal law.

 

http://www.ilga.gov/...97&ChapterID=39


Edited by spanishjames, 15 February 2019 - 09:06 AM.

To disarm is to consent to slavery.


#13 Molly B.

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Posted 15 February 2019 - 09:15 AM

(23) Any area where firearms are prohibited under federal law.

There's a court ruling, I think Colorado, that went against a man who had a firearm in his vehicle in a post office parking lot...
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#14 Dog1

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Posted 15 February 2019 - 09:34 AM

(23) Any area where firearms are prohibited under federal law.

There's a court ruling, I think Colorado, that went against a man who had a firearm in his vehicle in a post office parking lot...

You are correct. The district court held for the gun owner, reversed on appeal.  Bonidy et al v. U.S. Postal Service et al, 10th U.S. Circuit Court of Appeals, No. 13-1374. However, the opinion refrenced the fact that the parking lot was exclusively for the use of the post office and that there was a drop box in the lot where post office business was being conducted. The status of shared use parking lots may not be impacted by this case.

 

As stated in other responses, the rules for federal facilities vary by the type of facility.  



#15 Hawkeye

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Posted 15 February 2019 - 01:12 PM

THANK YOU!  That was what was I had in mind from my study of the issues and rules concerning our new concealed carry "privilege" 5 years ago.

 

As I said in my first post, the instructor I had was very good and very knowledgeable, but stated federal parking lots would be of no concern because of Illinois provisions.  I just was not at peace with the answer, so thought I would ask here.

 

I believe I will send a link to this thread to the CC instructors and let them decide if what is being taught on the issue needs to be revised.

 

Thanks again.

 

Daryl



#16 RS1

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Posted 15 February 2019 - 01:38 PM

In my class, they took great care to note that post offices and other federal lots/buildings were not covered under Illinois "safe haven".

The instructor said essentially, "Street park and leave your gun locked in the car when you go to a post office."

#17 lockman

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Posted 16 February 2019 - 09:00 AM

The gated postal parking areas are posted and safe haven will not apply. ^ this ***

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