Federal officer arrested at Capitol rally won’t be charged

mikeyp

NES Member
Joined
Feb 6, 2012
Messages
14,499
Likes
29,486
Location
Plymouth
Feedback: 1 / 0 / 0
Shocking


WASHINGTON (AP) — A federal law enforcement officer was arrested carrying a gun at Saturday’s rally at the U.S. Capitol billed to support the suspects charged in January’s insurrection but will not be prosecuted.

The 27-year-old New Jersey man is an officer with U.S. Customs and Border Protection. He was arrested by Capitol Police for illegally possessing a gun on the grounds of the Capitol after people in the crowd reported seeing him with a handgun and notified nearby officers.

Generally, under federal law, law enforcement officers are given reciprocity to legally carry their weapons in other states, even those with restrictive gun laws. But the law has an exemption for government property or military bases where it is illegal to carry a gun, like the U.S. Capitol.
 
wonder if he will have a job to go back to in NJ once they find out he is not drinking the Kool Aide...
 
Why carry. Just check the restrooms and see if any of the Capitol officers left their Glock in it.

The media makes it sound like they were doing a bug favor to the guy. that's the norm when you are found on Federal property. They either offer a secure location to store the firearm or you are instructed to leave the property.

He was legally carrying the handgun but in an area prohibited by law. Doubt he was the first one on the grounds to ever be found carrying.
 
Why carry. Just check the restrooms and see if any of the Capitol officers left their Glock in it.

The media makes it sound like they were doing a bug favor to the guy. that's the norm when you are found on Federal property. They either offer a secure location to store the firearm or you are instructed to leave the property.

He was legally carrying the handgun but in an area prohibited by law. Doubt he was the first one on the grounds to ever be found carrying.
Except Feds can carry on Federal property. So I don't see it as a big deal once they verified who he was.
 
The 27-year-old New Jersey man is an officer with U.S. Customs and Border Protection. He was arrested by Capitol Police for illegally possessing a gun on the grounds of the Capitol after people in the crowd reported seeing him with a handgun and notified nearby officers.
NES Pop Quiz: "Concealed" means concealed.

Except Feds can carry on Federal property. So I don't see it as a big deal once they verified who he was.
Don't assume they don't have double-extra rules for the Capitol.
Wouldn't you have exceptions to the exceptions if you were in charge of security?
 
Last edited:
Like any other “justice” system they can pick and choose who the prosecute
Depending on where he was, the charges probably don't apply. I carried almost everywhere I went in DC. The only place I didn't try to get into was the White House and Congress. Everywhere else, it was sign in and go.
 

Law Enforcement Personnel​

No%20guns_5.png
Firearms are prohibited in the District of Columbia and on U.S. Capitol Grounds even if someone has a carry permit from D.C. or another state. Failure to adhere to this law can result in arrest, fine, and/or imprisonment, as well as the confiscation and/or destruction of the item. For a list of prohibited items within the U.S. Capitol Complex, please visit here.

Law Enforcement Officers (LEO)/agents, who are engaged in the performance of their official duties and meet certain established criteria, may be admitted into a building on the U.S. Capitol Complex with a firearm. In such instances where a LEO/agent’s duties require their presence on Capitol Hill for official business, please contact Special Events at (202) 224-8891 prior to coming to the U.S. Capitol Complex to determine if the visit meets the established criteria for caring a firearm. Further information and instructions will be provided at that time.

All LEOs/agents seeking official access to the U.S. Capitol Complex must be in possession of their official credentials/badge, and will be verified with their agency.
NOTE: The Law Enforcement Officers Safety Act, H.R. 218, does not apply within Congressional Buildings or on U.S. Capitol Grounds. Therefore, retired law enforcement officers may not carry weapons on U.S. Capitol Grounds.

LEOs/agents not conducting official business and/or are attending a public event on Capitol Hill, are not permitted to bring their firearm on U.S. Capitol Grounds.


Source: Law Enforcement Personnel
 

Law Enforcement Personnel​

No%20guns_5.png
Firearms are prohibited in the District of Columbia and on U.S. Capitol Grounds even if someone has a carry permit from D.C. or another state. Failure to adhere to this law can result in arrest, fine, and/or imprisonment, as well as the confiscation and/or destruction of the item. For a list of prohibited items within the U.S. Capitol Complex, please visit here.

Law Enforcement Officers (LEO)/agents, who are engaged in the performance of their official duties and meet certain established criteria, may be admitted into a building on the U.S. Capitol Complex with a firearm. In such instances where a LEO/agent’s duties require their presence on Capitol Hill for official business, please contact Special Events at (202) 224-8891 prior to coming to the U.S. Capitol Complex to determine if the visit meets the established criteria for caring a firearm. Further information and instructions will be provided at that time.

All LEOs/agents seeking official access to the U.S. Capitol Complex must be in possession of their official credentials/badge, and will be verified with their agency.
NOTE: The Law Enforcement Officers Safety Act, H.R. 218, does not apply within Congressional Buildings or on U.S. Capitol Grounds. Therefore, retired law enforcement officers may not carry weapons on U.S. Capitol Grounds.

LEOs/agents not conducting official business and/or are attending a public event on Capitol Hill, are not permitted to bring their firearm on U.S. Capitol Grounds.


Source: Law Enforcement Personnel
The question is 'prohibited by what"? US Code; a CFR with the force of law; or just "policy" as expressed by the Capitol police; etc. It may be that this is a matter of a strictly enforced policy, but there is no actual law to charge the person under. There is reference to "failure to adhere to this law", but no mention of what law. It could be a law that only applies to non-feds. Push the issue and the Capitol Police may find their prohibition lacks any teeth when it comes to active status, but off duty, federal LEOs. But then maybe not.

Note the complete absence of any reference to USC in that posting. Compare that with the notice in the US Post Office that refers to both 18 USC 930 and 39 CFR 232.1.

There would be no ability to punish him through a "suitability" determination like there is in MA if someone carries a gun in a prohibited (I wonder what the charge would be to carry a gun into a prohibited by fiat area like the Boston 4th of July show on the Esplanade)
 
If he dressed like the other feds he would have been left alone.
That could be harder than you imagine.

Congressmen get to bypass metal detectors,
and the slick way the less famous ones are allowed through the express lane
is that they wear special American flag lapel pins
that warn the guards that they're Beautiful People -
so don't treat them like the proles.

Well, it would be a bad idea to try and flounce in to the Capitol (say),
by just wearing your Federal this-or-that uniform.
Any old git could score one from Central Wardrobe.
WarlikeParchedCaecilian-mobile.jpg

You dare not presume that there's no secret subtle tell
that the guys on Capitol detail know to look for.
Someone from the field might not notice it,
or even assume that the Capitol guys are violating regulations
hqdefault.jpg

by adding non-regulation flair to their uniform.
il_570xN.1419220731_9u2n.jpg
 
Back
Top Bottom