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Q: Authority to possess concealed firearms. ( Answered,   1 Comment )
Question  
Subject: Authority to possess concealed firearms.
Category: Miscellaneous
Asked by: thomasmann-ga
List Price: $3.00
Posted: 27 Dec 2002 08:13 PST
Expires: 26 Jan 2003 08:13 PST
Question ID: 133913
Gan Federal Bureau of prisons employes possess concealed firearms?If
yes,what is the law that covrs it?

Request for Question Clarification by mvguy-ga on 27 Dec 2002 09:14 PST
Are you referring to while they are on duty, or while they're off duty?  Thanks!
Answer  
Subject: Re: Authority to possess concealed firearms.
Answered By: tutuzdad-ga on 27 Dec 2002 15:20 PST
 
Dear thomasmann-ga;

Thank you for allowing me an opportunity to answer your interesting
question.

Federal Bureau of Prisons employees (Officers) are permitted to carry
weapons, affect arrests and serve warrants within the scope of their
duties. This is authorized by:

TITLE 18, PART II, CHAPTER 203, Sec. 3050 of the United States Code
http://www4.law.cornell.edu/cgi-bin/htm_hl?DB=uscode18&STEMMER=en&WORDS=firearm+prison+&COLOUR=Red&STYLE=s&URL=/uscode/18/3050.html#muscat_highlighter_first_match

Which states, in part:

“An officer or employee of the Bureau of Prisons may 

…make arrests on or off of Bureau of Prisons property without warrant
for violations of the following provisions regardless of where the
violation may occur: sections 111 (assaulting officers), 751 (escape),
and 752 (assisting escape) of title 18, United States Code, and
section 1826(c) (escape) of title 28, United States Code; …make
arrests on Bureau of Prisons premises or reservation land of a penal,
detention, or correctional facility without warrant for violations
occurring thereon of the following provisions: sections 661 (theft),
1361 (depredation of property), 1363 (destruction of property), 1791
(contraband), 1792 (mutiny and riot), and 1793 (trespass) of title 18,
United States Code; and …arrest without warrant for any other offense
described in title 18 or 21 of the United States Code, if committed on
the premises or reservation of a penal or correctional facility of the
Bureau of Prisons if necessary to safeguard security, good order, or
government property…if such officer or employee has reasonable grounds
to believe that the arrested person is guilty of such offense, and if
there is likelihood of such person's escaping before an arrest warrant
can be obtained. If the arrested person is a fugitive from custody,
such prisoner shall be returned to custody. Officers and employees of
the said Bureau of Prisons may carry firearms under such rules and
regulations as the Attorney General may prescribe”

There is no provision for concealed weapons off duty, however, as a 20
year veteran of law enforcement myself, I can tell you that it is
almost universally customary for administrative or investigative
officers working ON DUTY in plain clothes, who are authorized to carry
weapons within the scope of their duties, to conceal them under outer
clothing so as to refrain from causing undue alarm or creating an
authoritarian presence (not to mention the fact that plain clothes
officers present a greater target for disarmament than do uniformed
officers). My own department practices this policy, as do most
departments that I am currently aware of.

Below you will find that I have carefully defined my search strategy
for you in the event that you need to search for more information. By
following the same type of searches that I did you may be able to
enhance the research I have provided even further. I hope you find
that that my research exceeds your expectations. If you have any
questions about my research please post a clarification request prior
to rating the answer. Otherwise, I welcome your rating and your final
comments and I look forward to working with you again in the near
future. Thank you for using Google Answers.

Best regards;
Tutuzdad-ga


INFORMATION SOURCES

“Search Title 18 of the United States Code”
http://www4.law.cornell.edu/cgi-bin/empower
(search terms: firearm, prison)


SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

UNITED STATES CODE
Comments  
Subject: Re: Authority to possess concealed firearms.
From: neilzero-ga on 27 Dec 2002 08:54 PST
 
Concealed fire arms permits should be issued by state or lesser
governments in the USA, so the law varies from state to state. I
should think the permit could be easily obtained in most
jurisdictions. Perhaps this is another area where the feds have
userped states rights.   Neil

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