OFFICIAL OPINION No. 30

OFFICIAL OPINION No. 30 Justice Department-Authority of agents to carry firearms. 1. Decisions of the Pennsylvania Courts have made it clear that the Attorney General has broad law enforcement powers and duties. 2. The Administrative Code sets forth in Section 704, that the Attorney General is the Chief law officer of the Commonwealth. 71 P. S. § 244. 3. The law enforcement duties and the powers of the Attorney General and every agent duly commissioned by him for that purpose include every duty and power of any law enforcement officer, including but not limited to powers to serve subpoenas and other processes, to carry firearms without licenses, and to make searches and seizures, and to arrest. 4. The designation of agents to exercise those duties and powers may take any form which establishes the intent of the Attorney General to make such a delegation. 5. Agents designated to exercise the Attorney General's law enforcement powers are "law enforcement officers" under the Uniform Firearms Act, 18 P.S. § 4628 ( e), and can carry firearms without licenses. OPINIONS OF THE ATTORNEY GENERAL 53 Harrisburg, Pa., May 5, 1971 Mr. Owen Morris Executive Director Pennsylvania Crime Commission Department of Justice Harrisburg, Pennsylvania Dear Mr. Morris: You have requested our opinion with respect to the extent of any authority possessed by agents of the Department of Justice to carry firearms without licenses and to exercise the other powers and duties of law enforcement officers. Decisions of the Pennsylvania courts have made it clear that the Attorney General has broad law enforcement powers and duties. See, e.g., Commonwealth v. Freed, 424 Pa. 508, 228 A. 2d 382 (1967); Commonwealth v. Fudeman, 396 Pa. 236, 158 A. 2d 425 (1959); Mat- son v. Margiotti, 371 Pa. 188, 53 A. 2d 572 (1952); Commonwealth ex rel. Margiotti v. Orsini, 368 Pa. 259, 81 A. 2d 891 (1951); Margiotti Appeal, 365 Pa. 330, 75 A. 2d 465 (1950); Dauphin County Grand Jury Investigation Proceedings (No. 1, 2, 3) 332 Pa. 289, 342, 358, 2 A. 2d 783, 802, 804 (1938); Commonwealth ex rel. Minerd v. Margiotti, 325 Pa. 17, 188 A&P. 524 (1936); Commonwealth v. Lehman, 309 Pa. 486, 104 A&P. 526 (1932); Commonwealth v. Bardascino, 210 Pa. Superior Ct. 202, 232 A. 2d 236 (1967); Com- monwealth ex rel. Gryger v. Burke, 173 Pa. Superior Ct. 458, 98 A. 2d 380 (1953). In addition, the Administrative Code sets forth in Section 704 that the Attorney General is the chief law officer of the Common- wealth, 71 P. S. § 244. Furthermore, Section 904 of the Administrative Code, 71 P. S. § 294, provides that: "The Department of Justice shall have the power, and its duty shall be, with the approval of the Governor: "(a) To investigate any violations, or alleged violations, of the laws of the Commonwealth which may come to its notice; "(b) To take such steps, and adopt such means as may be reasonably necessary to enforce the laws of the Common- wealth." The law enforcement duties and powers of the Attorney General and every agent duly commissioned by him for that purpose include, there- 54 OPINIONS OF THE ATTORNEY GENERAL fore, every duty and power of any law enforcement officer or "peace officer," including but not limited to powers to serve subpoenas and other process, carry firearms without licenses, and make searches, sei- zures and arrests. The designation of agents to exercise those duties and powers may take any form which establishes the intent of the Attorney General to make such a delegation. With specific reference to the authority of agents to carry firearms without licenses, the Uniform Firearms Act, 18 P. S. § 4628(e), forbids any person to carry a firearm in any vehicle or concealed on or about his person, except in his place of abode or fixed place of busi- ness, without a license, with certain exceptions, including one pertaining to "constables, sheriffs, prison or jail wardens, or their deputies, police- men of the Commonwealth or its political sub-divisions, or other law enforcement officers." Agents designated to exercise the Attorney Gen- eral's law enforcement powers are "law enforcement officrs" within the meaning of that exception, and can carry firearms without licenses. It is therefore our opinion and you are advised that agents of the Attorney General who have been so designated possess the full range of powers of a law enforcement officer or "peace officer," and are charged with the duty of the proper exercise of those powers. Sincerely, J. SHANE CREAMER, Attorney General.