Carrying in an otherwise restricted area.
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Thread: Carrying in an otherwise restricted area.

  1. Carrying in an otherwise restricted area.

    I have heard a reference to a law that supposedly states that in certain areas where firearms are forbidden, it is legal to carry that firearm if it is unloaded. Anyone heard of this or familiar with any such law? This would be in South Dakota and pertaining to side arms.

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  3. #2
    Quote Originally Posted by PowerHawk View Post
    I have heard a reference to a law that supposedly states that in certain areas where firearms are forbidden, it is legal to carry that firearm if it is unloaded. Anyone heard of this or familiar with any such law? This would be in South Dakota and pertaining to side arms.
    It depends on the exact location you are talking about. Different restricted and prohibited locations have different exemptions.

    The prohibition against possessing a firearm in a Federal facility contained in Federal law 18 USC 930 has no exemption for unloaded firearms.
    The prohibition against possessing a firearm within 1000' of a school contained in Federal law 18 USC 922 (q)(2) does have an exemption (among others) for firearms that are unloaded and locked in a case.

    There is a Federal law, 18 USC 926, when grants you the entitlement to possess an unloaded firearm locked in a case or exterior compartment of a vehicle while traveling through a state that would prohibit that firearm, if it is legal for you to possess that firearm at your source and destination, but that does not apply to other prohibited locations such as the post office, Federal facilities, or the secured "sterile" areas of airports.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

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