Juristiction question

This is a discussion on Juristiction question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; As I said in another post, I live fairly close to the Fort Lee army base. In fact, the main road from Petersburg Va to ...

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Thread: Juristiction question

  1. #1
    Member Array celticredneck's Avatar
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    Juristiction question

    As I said in another post, I live fairly close to the Fort Lee army base. In fact, the main road from Petersburg Va to Hopewell Va, state route 36, passes through the base. I know this because the base police patrol rt. 36 and regularly issue traffic tickets on that road.(ask my daughter) If I should be stopped by the base police, and was carrying, could I be in trouble for carrying a gun on base property, or would the state law take precedence? Any opinions, especially from police officers?

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    Member Array spooter66's Avatar
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    I think your safe redneck. While the road may cut thru fed property it is still a state road and subject to state law. When you enter the base (fed prop) you see warning signs that tell you that you are entering a fed installation. It's similar to college campus police, most get certified (not sure of correct terminology) and can issue tickets etc. on city and state roads. However they must know the state and city laws and follow them. The same applies to the military police for that stretch of road, they must follow the state laws and not military regulations. Tickets are usually turned over to the local authorities. If they should stop someone for speeding and find they have a warrant out or they find drugs, etc., they will detain the individual and call the locals and hand it off to them.

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    Member Array past60's Avatar
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    I have a similar problem with a National Park. The roads from my home to town and gas, groceries, etc, run through a National Park. One is a county road, the other a state. I had been told that the county and state law would apply unless I actually entered the park. But this was said with a 'wink' by a lawyer. I always disarm if I drive though the park, but it's really tedious. Maybe I should stop at the Park Visitor Center and just ask them outright, but I dread opening a can-o-worms.
    Last edited by past60; July 21st, 2008 at 12:42 PM. Reason: corrected plural subject to agree with verb/spelling

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    Member Array Jaystekan's Avatar
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    I live in Fayetteville, NC, less than 2 miles outside the gates of Fort Bragg. One of our main roads through town travels through the center of Fort Bragg and is patrolled by federal LEO and MP. I called the provost marshalls office regarding your exact question. WHat I was told was that if I was traveling through post on a publicly accessible road, meaning that it was accessible without needing to go through a guard-post, then carrying is ok. If you stop on post for anything, or go through a guard-point, accessing a non-public access road, then you must unload and lock up the gun. I was also told that if I broke down on post on the public access road, I would be well advised to unload my handgun and lock it up while waiting for assistance. If the MP or federal LE stops me for speeding, then I must inform them I am carrying and give them my ccw permit with my license. The duty to inform is a state law in NC, so I don't know if Fort Bragg adopted that law because of the state, or if it is a federal law as well. I travel on post and through post almost daily, and have never had a problem. I always lock up my gun before I go through the guard-check-point, and if on the public access road, then I just keep carrying. Having said that, this is how Fort Bragg handles this. The military give a lot of latitude to their post commanders, and these commanders can change a lot of post regulations, and these regulations pertain to both military and civilian personell on that particular post. I would call the Fort Lee provost Marshalls office and get a definite answer.

    Good news is, speeding, traffic tickets issued by MPs don't cost points on your license.
    Remember, no matter where you go, there you are.

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    Distinguished Member Array JerryM's Avatar
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    Quote Originally Posted by Jaystekan View Post
    I live in Fayetteville, NC, less than 2 miles outside the gates of Fort Bragg. One of our main roads through town travels through the center of Fort Bragg and is patrolled by federal LEO and MP. I called the provost marshalls office regarding your exact question. WHat I was told was that if I was traveling through post on a publicly accessible road, meaning that it was accessible without needing to go through a guard-post, then carrying is ok. If you stop on post for anything, or go through a guard-point, accessing a non-public access road, then you must unload and lock up the gun. I was also told that if I broke down on post on the public access road, I would be well advised to unload my handgun and lock it up while waiting for assistance. If the MP or federal LE stops me for speeding, then I must inform them I am carrying and give them my ccw permit with my license. The duty to inform is a state law in NC, so I don't know if Fort Bragg adopted that law because of the state, or if it is a federal law as well. I travel on post and through post almost daily, and have never had a problem. I always lock up my gun before I go through the guard-check-point, and if on the public access road, then I just keep carrying. Having said that, this is how Fort Bragg handles this. The military give a lot of latitude to their post commanders, and these commanders can change a lot of post regulations, and these regulations pertain to both military and civilian personell on that particular post. I would call the Fort Lee provost Marshalls office and get a definite answer.

    Good news is, speeding, traffic tickets issued by MPs don't cost points on your license.
    Good post and info, thanks.

    Best,
    Jerry

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    Member Array hpj3's Avatar
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    Quote Originally Posted by Jaystekan View Post
    <snipped>

    "Good news is, speeding, traffic tickets issued by MPs don't cost points on your license.
    "

    ---------------------------------------------------------------

    Depends on the base and on the state... many have agreements to the contrary.

    Howard
    NRA Certified Firearms Instructor
    NRA Certified Range Safety Officer
    SC SLED Certified CWP Instructor

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    VIP Member Array SIGguy229's Avatar
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    Also...in VA you are NOT required to disclose you have a firearm.
    Magazine <> clip - know the difference

    martyr is a fancy name for crappy fighter
    You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know

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    Member Array Jaystekan's Avatar
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    Good points. Like I said, I can only speak for the rules and regs here at Bragg. Unfortunately military base rules are not all the same. It all depends on the base commander, I never thought that made much sense, and only makes for more confusion.
    Remember, no matter where you go, there you are.

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