special deputy

R

RHC

New member
I've read several references to "special deputy U.S. marshals" on this site, most suggesting that this is a way for powerful politicians to get around state carry laws. I have never heard of such a thing in practice from personal knowledge, but reading these three sections shows how it could happen.

U.S. Code section 28

section 566

(d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

U.S. Code section 28, 561 (f)

(f) The Director is authorized to appoint and fix the compensation of such employees as are necessary to carry out the powers and duties of the Service and may designate such employees as law enforcement officers in accordance with such policies and procedures as the Director shall establish pursuant to the applicable provisions of title 5 and regulations issued thereunder.

Sec. 564. Powers as sheriff

United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof.

Notice the Director can appoint anyone to be an official without being a deputy marshal, and that that person then has the kind of powers we're talking about.

It would be interesting to know if anyone has ever filed a Freedom of Information request for a list of such persons.

[This message has been edited by RHC (edited August 27, 2000).]
 
Diane Fienstien was alleged to have been so deputized at one point, don't know if there's any truth to the allegation, but given her reputation, one never knows . . . M2
 
On the U.S. Marshals Service web site is a place to list those who died in service. Several of those listed are described as Special Deputy Marshals, so I guess the category really exists, anyway.
 
I believe real Specials, not the phony Feinsteins, are usually retired LEO`s who work part time on a per diem basis transporting and guarding prisoners. I knew a couple back in NY who did it. There may be more to it that I`m not aware of.
 
I do know a gentleman who used to be a special deputy. He got it as a political favor so that he could carry concealed anywhere. He is retired now, spending about 80% of his free time in the fight to keep our 2nd amend rights.



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Richard

The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!
 
I sent an email to the ONDCP asking about Herr McCaffrey's commission, or lack thereof.

I will report any reply here.

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"Anyone feel like saluting the flag which the strutting ATF and FBI gleefully raised over the smoldering crematorium of Waco, back in April of ‘93?" -Vin Suprynowicz
 
My memory is a little fuzzy on this but recalling a class that I had at the academy nearly two decades ago, I seem to recall that it was within a Marshal's rights (not Deputy Marshal but a full-fledge marshal) to deputize anyone he wanted as a "special deputy". So McCaffrey's commission (if, in fact, he is a special deputy) is perfectly legal as it would have been throughout our entire country's histroy.
 
I'm not sure any one is questioning the legality (if you stipulate that the existence of any federal law enforcement is constitutional) of such a commission, but, rather, it's appropriateness.

I think everyone, even hated federal stormtroopers and politicians, deserve the right to carry a gun for self-defense. The objection comes, I think, from the fact that they can do it in any jurisdiction, and we cannot.

[This message has been edited by deanf (edited August 28, 2000).]
 
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