Few questions come up more often than courthouse carry. Officers regularly receive subpoenas, appear as witnesses, file paperwork, or simply walk into a county courthouse to handle personal business. LEOSA's broad federal preemption does not solve the courthouse problem cleanly. Here is what generally controls.
Federal court facilities
Carry inside a federal court facility is governed by 18 U.S.C. § 930, which prohibits possession of a firearm in a federal facility and treats federal court facilities even more strictly. LEOSA in § 926B(b)(1) explicitly does not override "the laws of any State that … permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property." More importantly, LEOSA does not override § 930 itself.
§ 930 has a narrow exception for the lawful performance of official duties. An on-duty deputy U.S. marshal, FBI agent on official business, or local officer acting in an official capacity may carry. An active-duty officer there for personal reasons typically may not, regardless of LEOSA. The exact line is fact-specific and the safe assumption is no.
State courthouses
State courthouses are even less uniform. § 926B(b)(2) preserves state and local restrictions on possession on state or local government property. Almost every state has a statute or court rule that prohibits firearms inside a courthouse, and many of those statutes carve out an explicit exception only for on-duty officers — not for off-duty or LEOSA carry.
Common exception patterns
- On-duty law enforcement only — the most common exception. Your status under LEOSA does not satisfy it if you are appearing in a personal capacity.
- "Peace officers authorized to carry under state law" — sometimes broad enough to include off-duty officers from in-state agencies, but rarely reaches out-of-state officers carrying under LEOSA.
- Pre-arranged authorization by the sheriff or court security officer — common for officers serving as witnesses; ask in advance, in writing.
If you are appearing as a witness
The cleanest path is to contact court security before you arrive. They will tell you:
- Whether you may carry into the building at all.
- If not, whether a secure storage option (an officer-only lockbox, the sheriff's office secure storage, or court security check-in) is available.
- What credentials they need to see.
Some courthouses have officer-only screening lanes or staffed lockboxes; others require you to leave your weapon outside the building entirely. Knowing the answer before you arrive avoids an awkward conversation at the magnetometer.
Common mistakes
- Assuming LEOSA covers any courthouse entry. It does not. The federal statute does not pre-empt § 930 or analogous state restrictions on government property.
- Carrying through a public entrance without checking. Triggering a screening alarm with a firearm you cannot lawfully possess in the building is — at best — a long day.
- Relying on a verbal "it's fine" from a deputy at the door. Get it in writing or from the agency that runs court security.
- Forgetting that storage solutions are not universal. Many courthouses have no lockbox; you may need to secure your weapon in your vehicle before you arrive.
What to carry, what to leave
If you are entering a courthouse where carry is not authorized, plan ahead:
- Secure your firearm in a vehicle-mounted lockbox before you reach the perimeter, not in the parking lot of the courthouse.
- Bring your agency photo ID and badge regardless — even where carry is not authorized, identifying as a law enforcement officer to court security streamlines screening.
- If you are appearing under subpoena in uniform, confirm in advance whether you are considered "on duty" for purposes of the courthouse statute. The answer varies.
Key takeaways
- LEOSA does not generally authorize carry inside federal or state courthouses.
- Federal court facilities are governed by 18 U.S.C. § 930; state courthouses by state statute, court rule, or both.
- Exceptions exist for officers acting in official capacity, but rarely for off-duty / LEOSA-only carry.
- Call ahead. Court security can tell you exactly what is and is not permitted.
This article is informational and is not legal advice. Statutes and court rules change. Always verify the rules for the specific courthouse you are entering — and check with your agency's legal advisor before carrying in any setting you are unsure about.