Generally, it is illegal under federal law and the law of most states to possess firearms or weapons in a federal or state court facility. Of course, certain people, mostly law enforcement personnel, are authorized to possess firearms for law enforcement purposes.
Many laws regarding the possession of weapons would apply in federal and state courthouses or other court facilities as well as outside of them. For example, it is illegal throughout the United States for a person convicted of a felony to possess a firearm. So, a convicted felon possessing a firearm would also be illegal in a courthouse.
The law in each state would govern the issue in state court facilities, and federal law governs the issue in federal buildings where federal court facilities are located. Some states outlaw the possession of firearms in federal court facilities also.
What is Considered a Court Facility?
Court facilities are more than just courtrooms. The term generally covers a broad range of government offices and structures. Included in both state and federal court facilities are the following:
- Courtrooms,
- Witness rooms,
- Jury deliberation rooms,
- Attorney conference rooms,
- Prisoner holding cells,
- Offices of the court clerk, or
- Any corridors that adjoin these rooms and offices.
What Is Federal Law Regarding Weapons in Federal Court Facilities?
Generally, federal law prohibits the possession of firearms or other dangerous weapons in all federal facilities, including federal court facilities. Possessing firearms and other dangerous weapons is forbidden to all people except those specifically authorized by federal law to possess such weapons. A person who violates this federal law is subject to payment of a fine and imprisonment for not more than 1 year.
Any person who, with the intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes a firearm or dangerous weapon to be present in a federal facility, or attempts to do so, is subject to payment of a fine and imprisonment for not more than 5 years, or both.
What Are State Laws Regarding Possession of Firearms and Weapons in State Court Facilities?
As noted above, each state has its own laws regarding the possession of weapons and firearms in court facilities and elsewhere in the state. Some examples are discussed below.
In Maryland, the law prohibits a person from carrying a weapon outside of their home for any reason other than hunting with a hunting rifle or if a person has a special license that authorizes them to carry a weapon to or from work. The crime of possessing or carrying a weapon is generally charged as a misdemeanor.
This law would seem to prohibit people from possessing firearms in state court facilities.
First offenders may spend up to 3 years in prison and pay a fine of up to $2,500. A second conviction of this crime can send a person to prison for up to 10 years.
Maryland law prohibits carrying or possessing a firearm on public school property. This crime is punishable by imprisonment of up to 3 years and payment of a fine of up to $1,000. If the firearm is a handgun, the punishment is a term of imprisonment of 90 days to 3 years and a fine of $250 to $2,500.
In addition, possession of firearms in or near places of public assembly is prohibited in Maryland. This would include courthouses and other public offices and buildings. This prohibition covers handguns, rifles, and shotguns, as well as the ammunition for these firearms, both inside and within 100 yards of a place where the public assembles.
What Is the Law in New York State regarding Possession of Firearms in Court Facilities?
In the state of New York, carrying concealed weapons, including firearms, is prohibited in “sensitive places” such as courthouses, schools, federal, state, and local government buildings, and the following:
- In airports;
- In bars and restaurants where alcohol is served;
- In daycare facilities, playgrounds, and other locations where children gather;
- In all educational Institutions, so schools, colleges, and universities;
- In emergency shelters, including domestic violence shelters and homeless shelters
- In entertainment venues, such as movie theaters;
- In health and medical facilities;
- In houses of worship, so churches, synagogues, and temples;
- In libraries;
- At polling sites;
- At public demonstrations and rallies;
- On public transportation, including subways and buses.
The 2022 decision of the U.S. Supreme Court in the case of NYSRPA v. Bruen does not alter this situation. In the Bruen case, the Court ruled that states may enforce laws granting permits to carry concealed weapons wherein the applicants must satisfy certain objective criteria to qualify. States may not have systems in which evaluations of who may or may not carry a concealed weapon are arbitrary and based on some demonstrated “need” to protect oneself.
States may limit the places in which the carrying of concealed firearms is allowed, but they may not limit them to broadly defined geographical areas.
Also permissible still are the laws of New York state and other states that allow private property owners to prohibit firearms on the property they own.
It remains the law that the Second Amendment to the U.S. Constitution accommodates restrictions on carrying firearms in “sensitive places” such as schools, government buildings, courthouses, and polling sites. The Bruen case does not change this.
What Is the Law in Arizona regarding Possession of Firearms and Weapons in Court Facilities
Arizona’s comprehensive law specifically prohibits a long list of firearms and other potentially deadly and dangerous weapons and substances in their court facilities.
Arizona law describes a deadly weapon as a firearm or anything other item designed for lethal use. Examples are such things as the following:
- Box Cutters;
- Butterfly Knives;
- Firearms;
- Daggers;
- Knives;
- Pen Guns;
- Razors;
- Razor Blades;
- Straight Razors;
- Swords.
Explosives are explicitly banned from court facilities in Arizona. So, such substances as dynamite, nitroglycerine, and other similar explosive material, including plastic explosives, are banned. Flammable liquids are any liquid that has a flash point of fewer than 100 degrees Fahrenheit, e.g., acetone, alcohol, ether, gasoline, lighter fluid, paint thinner, sterno, and turpentine, which are all prohibited. Caustic alkalis and dangerous, caustic, or corrosive acids are prohibited. And other weapons such as bombs, grenades, incendiary devices, land mines, poison gas, and rockets are also prohibited.
The law regarding misconduct with weapons in Arizona is complicated. It covers 17 situations involving weapons, which can be charged as Class 1 misdemeanors to Class 3 felonies. A first offense of possessing a prohibited weapon in a courthouse would most likely be charged as a class 1 misdemeanor, which is punishable by up to 6 months in jail.
When Can I Be Punished for a Weapon in a Court Facility?
Every state and the federal government wants to protect its legal system and the personnel who work in it as well as the citizens who turn to the legal system for redress of wrongs they have suffered. This includes judges, attorneys, members of juries, witnesses, parties to civil lawsuits, defendants in criminal cases, and other bystanders, and it is generally a crime to have a weapon in a court facility. Such weapons can include:
- Firearms,
- Other illegal weapons, e.g., the lists specified in Arizona; or
- Objects that have been adapted or altered so they can cause serious bodily injury, e.g., a shiv.
Generally, for a person to be guilty of possessing firearms or other weapons in a court facility, it is enough for the person to either:
- Knowingly possess the weapon in a court facility, or
- Knowingly cause the weapon to enter a court facility.
If either of these acts is committed, a person can face criminal punishment for possessing a weapon in a court facility, whether in a state or federal court.
What Is the Punishment for Possessing a Firearm or Other Weapon in a Court Facility?
As noted above, each state makes its own laws regarding the crime of a weapon in a court facility. In some states, it is a misdemeanor and, in others, a felony. Whether it is a misdemeanor or a felony depends on the state and may depend on the type of weapon it is.
Generally speaking, punishment for a weapon in a court facility can include the following:
Do I Need the Help of an Attorney if I Am Charged with Possessing a Weapon in a Court Facility?
IIf you have been charged with possessing a firearm or other dangerous weapon in a court facility, contacting a criminal defense attorney is strongly recommended. Only an attorney can adequately explain the issues and most effectively help you with your defense.
