Thank you, this is very good information.Solaris wrote:Not sure if it is the CFR or other guidelines. As I recall we were told "you are acting in official capacity if you are authorized to carry a firearm and make an arrest." So if as long as you were not suspended or whatever you were GTG. I assume this interpretation applies to state LEOs but do not know.ScottDLS wrote:Interesting. Where can one find in the CFR? And did ATF correct it for off-duty State LEO's?Solaris wrote: Correct. It is not specified in the law. How funny it would be to see an ATF agent arrest himself when picking up his kid. Anyway that oversight was corrected in the implementing regulations. AFAIK, it is NOT corrected for LEOSA, so those folks are still not allowed to carry.
And what was their statutory authority in 18 USC 922 to interpret away the requirement...maybe the same one that interpreted OOS licenses as not valid in GFSZ...
Agency rule making authority is covered in the USC Title 5, I think.
I can see how ATF would use this as guidance for their officers with regard to enforcement of GFSZA, but I'm still skeptical that it would be a controlling interpretation if a US Attorney wanted to try going after a Fed or State LEO for a violation.
I suspect though, that Justice is very reluctant to push the interpretation of anything related to GFSZA since last time they did, SCOTUS invalidated the entire statute.