Laws banning the carry or possession of weapons in government buildings are a very late addition to the United States of America. At the time of the ratification of the Bill of Rights, including the Second Amendment, there were only three places where the possession and carry of weapons were banned with some regularity. Those were: Court rooms while court was in session; legislative chambers where governmental bodies were involved in their legislative duties; and polling places on election day. There were no bans on carrying or possessing weapons in most public buildings, most of the time. From the Supreme Court Bruen opinion, bold added p. 27:
Although the historical record yields relatively few 18th- and 19th century “sensitive places” where weapons were altogether prohibited—e.g., legislative assemblies, polling places, and courthouses—we are also aware of no disputes regarding the lawfulness of such prohibitions.
It wasn’t until the 1960s that the federal government banned the possession of firearms in government buildings.
This was made clear in the United States v. Ayala case arguments. The case is about whether a federal law banning the possession and/or carrying of weapons in post offices violates the rights protected by the Second Amendment. The district court found the post office ban to be unconstitutional. The case is being appealed.
The documents in the Ayala case reveal interesting information. As late as the 1920s, the post office armed mail clerks. From USA v. Ayala Document 57:
P. 11 In fact, when mail train robberies became a growing threat in the early twentieth century, the Postmaster General armed railway mail clerks with “government-issued pistols” from World War I. USPS, AN AMERICAN HISTORY at 23, 107.
Pilots flying air mail were required to carry pistols from 1922 until shortly after WWII.
The dates, statutes, and regulations listed below come from the Courtlistener Docket for USA v. Ayala, Document 32, p. 14:
Regulations banning weapons were instituted in 1964 and in 1972.
In 1962, as part of the new Federal Property Management Regulations, firearms and other weapons or explosives were banned from federal property except for official purposes. 29 F.R. 15982 (1964). In 1972, the United States codified the ban of firearms, dangerous or deadly weapons, or explosives on postal property except for official purposes. Conduct on Postal Property, 37 Fed. Reg. 24346, 24347 (November 16, 1972).
In 1988, federal statute 18 USC Chapter 44 Section 930 was passed, which bans weapons in federal facilities (buildings where federal employees regularly work).
Pub. L. No. 100-690, 102 Stat. 4361, § 6215 (1988); 18 U.S.C. § 930. Exceptions exist for (1) federal or state officials performing official law enforcement activities, (2) other federal officials or members of the Armed Forces “if such possession is authorized by law,” and (3) possession incident to hunting or “other lawful purposes.” 18 U.S.C. § 930.
The law is vague about what “other lawful purposes” might be. To a layman, those appear to include carrying for lawful self-defense.
In 1998, the post office reinforced the general ban of 18 U.S.C. § 930 with a postal regulation. From Ayala, Document 32, p. 14:
Additionally, in 1998 the same ban was codified, reinforcing that “[n]o person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes”. Conduct on Postal Property, 39 C.F.R. § 232.
From the beginning of the United States of America in 1776, and the ratification of the United States Constitution in 1789, there was no general ban on the possession and carry of weapons in government buildings until 1964, when the 1962 regulation was published. A bill passed in 1967 prohibited the possession or carry of weapons in the District of Columbia Capitol Buildings. Congress did not pass a statute banning weapons in federal governmental buildings in general until 1988, only 37 years ago.
For at least 175 years, the United States did not attempt to ban the possession and carry of weapons in government buildings. Except for courthouses and legislatures in session, or polling places on election day, the right to keep and bear arms was not infringed in government buildings.
The bans on weapons in government buildings are neither traditional or long-standing. They are recent innovations which specifically infringe on the rights protected by the Second Amendment.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
