U.S. Code
»
Title 40
» Subtitle SUBTITLE II— PUBLIC BUILDINGS AND WORKS › Part PART B— UNITED STATES CAPITOL › Chapter CHAPTER 51— UNITED STATES CAPITOL BUILDINGS AND GROUNDS
40 U.S.C. § 5109
Penalties
(a)Firearms, Dangerous Weapons, Explosives, or Incendiary Device Offenses.—An individual or group violating section 5104(e)(1) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than five years, or both.(b)Other Offenses.—A person violating section 5103 or 5104(b), (c), (d), (e)(2), or (f) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than six months, or both.(c)Procedure.—(1)In general.—An action for a violation of this chapter or section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), including an attempt or a conspiracy to commit a violation, shall be brought by the Attorney General in the name of the United States. This chapter and sections 9, 9A, 9B, 9C and 14 do not supersede any provision of federal law or the laws of the District of Columbia. Where the conduct violating this chapter or section 9, 9A, 9B, 9C or 14 also violates federal law or the laws of the District of Columbia, both violations may be joined in a single action.(2)Venue.—An action under this section for a violation of—(A)section 5104(e)(1) of this title or for conduct that constitutes a felony under federal law or the laws of the District of Columbia shall be brought in the United States District Court for the District of Columbia; and(B) any other section referred to in subsection (a) may be brought in the Superior Court of the District of Columbia.(3)Amount of penalty.—The penalty which may be imposed on a person convicted in an action under this subsection is the highest penalty authorized by any of the laws the defendant is convicted of violating.(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)Historical and Revision Notes |
|---|
5109 | 40:193h. | July 31, 1946, ch. 707, § 8, 60 Stat. 719; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, § 1(c), Oct. 20, 1967, 81 Stat. 277. |
In subsection (a), the words “fined under title 18” are substituted for “a felony punishable by a fine not exceeding $5,000” for consistency with chapter 227 of title 18.
In subsection (b), the words “fined under title 18” are substituted for “a misdemeanor punishable by a fine not exceeding $500” for consistency with chapter 227 of title 18.
In subsection (c)(1), the words “An action . . . shall be brought” are substituted for [“]shall be prosecuted” for consistency with other titles of the United States Code. The words “the Attorney General” are substituted for “the United States attorney or his assistants” because of 28:509.
In subsection (c)(2)(B), the words “Superior Court of the District of Columbia” are substituted for “Municipal Court for the District of Columbia” [subsequently changed to “District of Columbia Court of General Sessions” because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570).
In subsection (c)(3), the words “of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia” are omitted as unnecessary.
Editorial NotesReferences in TextSections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (c)(1), are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.
Notes of Decisions
United States v. Rodney Class, 930 F.3d 460 (D.C. Cir. 2019).
“40 U.S.C. § 5109 . Second, the ban at least implicates the right to bear arms, even if it does not violate the Second Amendment.”
Olaniyi v. Dist. of Columbia, 416 F. Supp. 2d 43 (D.D.C. 2006).
“However, as this Court has already determined, the federal defendants could reasonably have concluded that the plaintiffs actions amounted to an unlawful demonstration in violation of § 193f(b)(7), a criminal offense for which the punishment included up to six months’…”
United States v. Barry (D.D.C. 2019).
· cites it 8× “Barry asserts that 40 U.S.C. § 5109 (c)(2) controls venue here, and the United States does not challenge this assertion.”
United States v. Little (D.D.C. 2022).
· cites it 2× “40 U.S.C. § 5109 (b). Under the U.S. Code, Little's offense is a petty offense.”
United States v. Groseclose (D.D.C. 2024).
· cites it 2× “Compare 40 U.S.C. § 5109 (b) (prescribing a maximum penalty of six months’ imprisonment for violations of § 5104(e)(2)), with 18 U.”
United States v. Mitchell (D.D.C. 2024).
· cites it 2× “9; 40 U.S.C. § 5109 (b). 3 which had a statutory maximum of 20 years, and not on Counts Two and Three, which as Class A misdemeanors carried a maximum penalty was 12 months’ incarceration.”
United States v. Williams (D.D.C. 2024).
· cites it 2× “]”); 40 U.S.C. § 5109 (b) (“A person violating section [5104(e)(2)] .”
United States v. Roche (D.D.C. 2024).
· cites it 2× “]”); 40 U.S.C. § 5109 (b) (“A person violating section [5104(e)(2)] .”
United States v. Munchel (D.D.C. 2021).
“§§ 5104 (e)(l ), (2); see also 40 U.S.C. § 5109 (a). Therefore, the government may seek Munchel's pretrial detention.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.