What law allows private extradition officers working for privately owned companies to carry loaded, unconcealed firearms across state lines? Is there a federal statute that allows them to follow one rule during the entire interstate ground transport? Or must they follow the state laws (including unloading and locking the firearm) of every individual state they travel through during their entire ground transportation trip?
If the officers are considered private extradition officers hired by the Federal Bureau of Prisons, they have federal law enforcement authority to carry weapons across state lines. If they are private persons who are contractors and are not retired police officers who have the right to carry firearms pursuant to the Law Enforcement Officers Safety Act (LEOSA) across state lines, then they have to comply with the weapons laws of the individual states they enter.
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I am an officer in the Federal Bureau of Prisons (17 years) who specifically works in prisoner transport. I have never heard of private extradition officers hired by my agency and don't believe such exists. The US Marshals may have such a thing, but nothing that I'm familiar with.
As a firearms instructor for my agency who also teaches the LEOSA to new hirees, I understand that the LEOSA only allows "concealed" carry. That law does not protect the LEO or retired LEO if he/she carries the firearm in any manner other than concealed. With that said, it would seem impractical in many cases to use LEOSA's protection if the private extradition officer is a retired LEO because there would be times when the firearm must be unconcealed---especially long guns (shotgun).
I will retire in a few years and am considering starting a private prisoner Transportation company who contracts with sheriff's offices nationwide to transport prisoners needing to be extradited back to their wanted states. I am trying to learn more about the laws and statutes governing this business. I thought 28 CFR 97.22 was somehow tied into the subject of this question---perhaps someway allowing theem firearm possession under a federal commerce law due to the fact that they are hired to transport state/county inmates between two states, while having to cross other states in between.
If all of your employees are retired law enforcement, then they have firearms privileges. Also, 47 USC 13726 et seq governs Private Prisoner Transport Companies. The non-law enforcement or retired law enforcement officers are generally authorized to carry weapons through a CCW in their state, such as FL which has reciprocity with the most states, but they still have to abide by the gun laws in all of the states they travel in.
What about Armed Private Security Guard Licensing, which depending on which state you are in, would classify this type of business as an Armed Security guard company? Or, another bunisness license along those lines, which requires the company to have a state license (that is not a CCW license) which would allow their employees to legally OPEN carry firearms in order to conduct that business?
I do know that some states allow out of state licensed private (armed) security guards to enter their state if their business requires them to enter the state. Should I narrow my search for these answers by looking into those type of state licensing laws? But I certainly don't believe state CCW laws and the LEOSA has anything to do with this, and would be a bad law approach to use for this type of business. Maybe as an overlapping law to protect the individual employee (if he is a retired LEO), but certainly not something for the company owner to rely on.
Actually, those I deal with in Louisiana are all retired law enforcement and all have security officer licenses in LA as well. However, when they cross state lines unless it is a state where they have reciprocity, they generally just carry their weapons concealed. But the company I am aware of with uses nothing but retired LEOs.
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