Federal laws and local LEO

[ChaoSS]

Hopefully someone can explain this to me. How do certain federal laws get enforced?

I know that local LEOs can't just enforce federal law, as evidenced by the whole issue of local LEOs needing to undergo certain training and have permission from the feds to enforce federal immigration laws. How does this translate to other laws, such as gun laws?

If a cop sees someone, say, shooting off a FA and bragging about the fact that it's illegal (I know, ridiculous scenario, just bear with me) can he really do anything about it? Do all the states (or at least most) have laws that duplicate the federal laws, giving local LEOs the authority to make such an arrest? Or are there certain federal laws that all LEOs have the authority to enforce?

What about, say, carrying a gun in a prohibited federal zone?

Hope someone can clear this up for me, not looking for a way to get away with stuff when no feds are around, just wondering how it all works.

 

[General Geoff]

Local LEO sees someone bragging about and shooting his "illegal full auto," he can call the ATF, and rest assured, the ATF salivates at such opportunities to pad their arrest records and conviction rates.

In the mean time, I'm fairly certain a local cop can detain the suspect until the federal cavalry arrives.

 

[Quiet]

All states have laws prohibiting the possession of machineguns.
Some states have exemptions to the state laws for Federally registered machineguns.

In the OPs scenario, local LEOs can detain to see if the MGs are legal and arrest if they are not.
The suspect with the unregistered MGs would then face both state and federal charges.

 

[DontBurnMyFlag]

states make laws prohibiting machine guns and other NFA items, regardless of the fact that they are also regulated under federal rule.

also there are other ways.

For instance, I know someone who is a DC cop and they are authorized to enforce Federal Law such as US Code. You can actually charge someone with a violation of the NFA.

 

[dirt_j00]

All states have laws prohibiting the possession of machineguns.

Alabama does not.

 

[NavyLCDR]

If a cop sees something he thinks may be illegal under Federal law only, he can detain the suspect until the Federal authorities arrive. The Federal authorities can arrest and charge the person, based upon the observation of the sworn LEO that the crime was committed in the presence of the sworn LEO.

The same was true when I was officer in charge of military convoys going down the highways in the US. My security forces could detain civilians if they interfered with our convoy until the civilian authorities could show up to arrest. We did not have arrest authority. We transported Top Secret gear and if for instance someone got into our convoy and was in the process of stealing Top Secret material, our authority to detain was all the way up to the ability to use lethal force to detain - but we couldn't arrest!

 

[KBintheSLC]

In Salt Lake City, the uber-progressive Mayor Ralph Becker recently stated that he would not "cross-deputize" SLCPD to enforce federal laws. Unfortunately, he only applies this to immigration law... AKA, having the cops arrest illegal aliens and report them to the INS when they are discovered with false documents.
As far as banned guns are concerned, I can practically guarantee that his police force will nab you on that.

 

[Art Eatman]

dirt_joo and Quiet: It's more accurate to say that all states have laws against unregistered machine guns, the registration having to do with the BATFE process.

 

[dirt_j00]

Art: Sorry, I don't follow. Machine guns are not mentioned in the Code of Alabama. And there is no mention of federal laws regarding firearms at all (i.e. SBR/SBS are unattainable in Alabama).

 

[SG1]

I would like to ask a similar question on the same topic. I have a CCW license in KY, and Tennessee, Georgia and Florida all receprocate my KY license. I frequently travel through TN and GA to get to FL (I have family there). I had always assumed that, because in those states I was legal to carry (under their laws and restrictions), that I was ok to conceal my firearm while driving through. However, in the spirit of making sure I was legal I recently attempted to research the topic.

What I found was (at least to my understanding) that it is a Federal crime to transport a firearm across state lines unless the firearm is separate from the ammunition and that neither the ammunition nor the firearm is readily accessable. I'm working on memory here, not quoting word for word so it may be slightly different. I had thought maybe I should re-think how I travel with my firearm.

In the spirit of being able to defend myself on the trip - especially at rest stops and such in the middle of the night - I had wondered would a local LEO try to enforce that Federal law, knowing I was from out of state, if I had my firearm concealed and readily accessable? Or would he/she simply interact with me under the state laws as long as I was complying to those local state laws.

Sorry for the long post. Any thoughts?

 

[NavyLCDR]

Any thoughts?

Those are NOT requirements that you speak of. It is 18 USC 926a, Firearms Owners' Protection Act (FOPA) and is an OPTIONAL method of carry that protects you from more restrictive state laws.

If you choose to carry according to the optional method specified in FOPA, you have the requirements wrong, btw....

 

[TexasRifleman]

Art: Sorry, I don't follow. Machine guns are not mentioned in the Code of Alabama. And there is no mention of federal laws regarding firearms at all (i.e. SBR/SBS are unattainable in Alabama).

You are correct but as far as I know Alabama is unique in the wording of it's law, ignoring machineguns entirely. I don't know of another state that leaves them completely out, though there may be others.

Most other states do have laws that refer back to the Federal statutes with things that basically make possession of NFA firearms a crime unless there is a tax stamp.

 

[TexasRifleman]

What I found was (at least to my understanding) that it is a Federal crime to transport a firearm across state lines unless the firearm is separate from the ammunition and that neither the ammunition nor the firearm is readily accessable.

Nope. As NavyLT says, you are confusing a legal method with a prohibition. What you describe is a legal method that would give you coverage under FOPA. However, NOT doing it that way doesn't automatically create a crime.

 

[ChaoSS]

So local LEOs can detain but not make an arrest unless it is specified in state law....

How does this differ from immigration laws? Why is there this big issue about whether or not local LEOs can even so much as inquire as to the immigration status of someone that they already have in custody for other issues?

 

[dirt_j00]

You are correct but as far as I know Alabama is unique in the wording of it's law, ignoring machineguns entirely. I don't know of another state that leaves them completely out, though there may be others.

Most other states do have laws that refer back to the Federal statutes with things that basically make possession of NFA firearms a crime unless there is a tax stamp.

TexasRifleman: I think you expressed what Art meant. I just wanted to make sure I wasn't missing something!

 

[GRIZ22]

Local police can detain someone for violating uniquely federal law (eg immigration violations).

Local police are "cross designated" when assigned to federal task forces kind of like deputizing them.

There are many federal laws that give state and local leos authority that many aren't aware. For example, any law enforcement officer, on any level, can make a pilot produce the registration of thier aircraft and pilot's license. This would also include checking the registration against serial numbers on the aircarft.

Federal LEOs can arrest for violations of state laws. Some states have statutes giving federal LEOs "peace officer" status. In those states that do not give them "peace officer" status, there is federal case law which requires federal LEOs to "take appropriate action" for state crimes committed in their presence.

The only federal LEOs that have jurisdiction in all federal and state laws are the US Marshal Service.

 

[SG1]

Thanks for clarification guys. I'm glad I had it wrong

 

[Kpdpipes]

So local LEOs can detain but not make an arrest unless it is specified in state law....

How does this differ from immigration laws? Why is there this big issue about whether or not local LEOs can even so much as inquire as to the immigration status of someone that they already have in custody for other issues?

I know that I, here in NJ CANNOT detain someone for a federal crime only, un less there is an Arrest Warrant, such as Immigration. MOST of the other Federal Criminal statutes are also covered in our state laws, Such as NFA violations, or, Say Counterfeiting. I would make the arrest based on NJ's 2C Statute, and also notify the appropriate Federal Agency to see if they wanted to take jurisdiction. When it comes to Immigration stuff, we CAN make enquiries, and we are actually required to Notify ICE if we have someone in custody we feel is an illegal who has committed another crime.