6 July 2006
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[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Proposed Rules]
[Page 38543-38545]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy06-22]
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 511
[BOP Docket No. BOP-1137]
RIN 1120-AB37
Possession or Introduction of Personal Firearms Prohibited on the
Grounds of Bureau of Prisons Facilities
AGENCY: Federal Bureau of Prisons, DOJ.
ACTION: Proposed rule.
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SUMMARY: To help ensure the safe operation of Federal Prisons, this
rule proposes prohibiting all persons from possessing or introducing
personal firearms, or attempting, aiding, or abetting possession or
introduction of personal firearms, on the grounds of Bureau of Prisons
facilities, with exceptions for possession of personal firearms: (1) As
required in the performance of official law enforcement duties; (2) on
Bureau firing ranges by law enforcement personnel, as authorized by the
Warden; and (3) in Warden-designated secure locations by Bureau
employees who reside on Bureau grounds.
DATES: Please submit written comments no later than August 7, 2006.
ADDRESSES: Our e-mail address is BOPRULES@BOP.GOV. Comments should be
submitted to the Rules Unit, Office of General Counsel, Bureau of
Prisons, 320 First Street, NW., Washington, DC 20534. You may view an
electronic version of this rule at http://www.regulations.gov. You may also comment via the Internet to BOP at BOPRULES@BOP.GOV. or by using
the http://www.regulations.gov comment form for this regulation. When
submitting comments electronically you must include the BOP Docket No.
in the subject box.
[[Page 38544]]
SUPPLEMENTARY INFORMATION: To help ensure the safe operation of Federal
Prisons, this rule proposes prohibiting all persons from possessing or
introducing personal firearms, or attempting, aiding, or abetting
possession or introduction of personal firearms, on the grounds of
Bureau facilities, with the following exceptions: (1) Personal firearms
are permitted as required in the performance of official law
enforcement duties; (2) Law enforcement personnel are permitted to
possess personal firearms on Bureau firing ranges as authorized by the
Warden, where continuous possession and control of the firearm is
maintained; and (3) An officer or employee of the Bureau who resides on
Bureau grounds may store personal firearms in secure locations
designated by the Warden. Residences must not be designated as secure
location sites for personal firearms storage.
18 U.S.C. 4042(a) gives the Bureau broad authority to ``have charge
of the management and regulation of all Federal penal and correctional
institutions,'' to ``provide for the safekeeping, care, and subsistence
of all'' Federal offenders, and to ``provide for the protection,
instruction, and discipline of all persons charged with or convicted of
offenses against the United States.'' This provision authorizes the
Bureau to issue regulations for the management of its institutions and
for the safekeeping and protection of inmates.
Currently, the Bureau's policy on searching, detaining, and
arresting non-inmates requires an easily read sign to be posted at the
commonly used entrances into each Bureau facility which indicates that
``[i]t is a Federal crime to bring upon the institution grounds any
firearm, destructive device, ammunition, other object designed to be
used as a weapon, narcotic drug, controlled substance, alcoholic
beverage, currency, or any other object without the knowledge and
consent of the Warden.'' Through this rulemaking, the Bureau proposes
to codify this principle.
This regulation is necessary for the following reasons.
The Bureau needs to clarify that all persons are
prohibited from bringing personal firearms onto institution grounds,
including storing them in motor vehicles driven onto or parked on
institution grounds. Storage of personal firearms in motor vehicles is
inadequate because vehicle security is easy to compromise, making
firearms so stored accessible to inmates working on institution
grounds, inmates being released, and members of the public.
Personal firearms could be obtained by inmates or members
of the public and used to injure persons or assist in inmate escapes.
Prohibiting personal firearms on institution grounds
creates a ``buffer zone'' between the community, where concealed
personal firearms may be allowed, and the actual institution facility,
where the presence of unauthorized firearms of any type creates a
variety of serious potential management and security problems.
Creating such a ``buffer zone'' through regulation will
increase attention of Bureau staff and others to this prohibition and
the attendant risks, and will reduce inadvertent introductions of
personal firearms onto institution grounds.
The Law Enforcement Officers Safety Act of 2004 (Pub. L. 108-277)
(LEOSA) now exempts qualified current and retired law enforcement
officers from State laws that prohibit carrying concealed personal
firearms. Bureau staff employed at Federal penal and correctional
institutions may qualify under LEOSA to carry concealed personal
firearms in public. Therefore, the possible presence of concealed
personal firearms on institution grounds is greater now than before
LEOSA and the risk to the safety of inmates, Bureau staff, and the
public is likewise heightened, as explained above.
Although we highlight the general prohibition on concealed personal
firearms on institution grounds, we also recognize that certain
exceptions are necessary. Therefore, this rule will permit personal
firearms in furtherance of official law enforcement functions. This
exception contemplates only ``on-duty'' situations, such as instances
in which local law enforcement officers are required to serve process
at a Bureau institution, or when local law enforcement officers, who
sometimes carry only personal firearms, are called upon to respond to
emergency situations on Bureau grounds.
The second exception in the rule permits law enforcement personnel
to possess personal firearms on Bureau firing ranges as authorized by
the Warden, where continuous personal possession and control of the
firearm is maintained. This exception will allow staff to continue to
have a place to safely and appropriately maintain the skills necessary
for proper firearm use, as further regulated by local institutions.
The third exception, permitting Bureau staff who reside on Bureau
grounds to store personal firearms in secure locations designated by
the Warden, other than residences, recognizes that such staff may
simply have no other location to safely store personal firearms outside
of Bureau grounds.
To provide more comprehensive institutional security and reduce
even further the likelihood that firearms on Bureau grounds will come
into the possession of inmates, the Bureau proposes the additional
security measures described above.
Regulatory Flexibility Act
The Director, Bureau of Prisons, in accordance with the Regulatory
Flexibility Act, 5 U.S.C. 605(b), has reviewed this rule and, by
approving it, certifies that it will not have a significant economic
impact on a substantial number of small entities.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, Sec. 1(b),
Principles of Regulation. The Director, Bureau of Prisons, has
determined that this rule is a ``significant regulatory action'' under
Executive Order 12866, section 3(f), and accordingly this rule has been
reviewed by the Office of Management and Budget.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. This rule will only have minor effect on State
law enforcement personnel carrying personal firearms who wish to enter
upon Bureau grounds. Therefore, in accordance with Executive Order
13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.
Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
[[Page 38545]]
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 804. This rule will not result in an annual effect on the
economy of $100 million or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
List of Subjects in 28 CFR Part 511
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
Under rulemaking authority vested in the Attorney General in 5
U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of
Prisons in 28 CFR 0.96, we propose to amend 28 CFR part 511 as follows.
SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION
PART 511--GENERAL MANAGEMENT POLICY
1. Revise the authority citation for 28 CFR part 511 to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 751, 752, 1791, 1792, 1793,
3050, 3621, 3622, 3624, 4001, 4012, 4042, 4081, 4082 (Repealed as to
offenses committed on or after November 1, 1987), 5006-5024
(Repealed October 12, 1984 as to offenses committed after that
date), 5039; 28 U.S.C. 509, 510; Pub. L. 772, 80th Cong.; 18 U.S.C.
1791 and 4042; Pub. L. 108-277 (18 U.S.C. 926B); 28 CFR part 6.
2. Subpart A is added to read as follows:
Subpart A--Personal Firearms
Sec.
511.1 Possession or introduction of personal firearms prohibited on
the grounds of Bureau of Prisons facilities.
Sec. 511.1 Possession or introduction of personal firearms prohibited
on the grounds of Bureau of Prisons facilities.
All persons are prohibited from possessing or introducing personal
firearms, or attempting, aiding, or abetting possession or introduction
of personal firearms, on the grounds of any Bureau of Prisons (Bureau)
facility, with the following exceptions:
(a) Personal firearms are permitted as required in the performance
of official law enforcement duties;
(b) Law enforcement personnel are permitted to possess personal
firearms on Bureau firing ranges as authorized by the Warden, provided
that continuous personal possession and control of the firearm is
maintained; and
(c) An officer or employee of the Bureau who resides on Bureau
grounds may store personal firearms in secure locations designated by
the Warden. Residences must not be designated as secure location sites
for personal firearms storage.
[FR Doc. E6-10601 Filed 7-6-06; 8:45 am]
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