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Reading Room Document

Authority of Foreign Law Enforcement Agents to Carry Weapons in the United States

No federal statutes generally authorize foreign law enforcement agents to carry firearms in the United States. In particular, 18 U.S.C. § 951 does not provide such authority. Absent congressional consent, the Emoluments Clause precludes foreign agents from enforcing federal laws. 19 U.S.C. § 1401(i) does not constitute such consent. The President does not possess inherent authority to designate foreign agents to carry firearms in the United States in order to enforce federal law. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24056/download.

April 12, 1988

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