U.S. or British law?


One sequence in the beginning of the movie has John Wayne and Richard Attenborough sitting together at a private club when Attenborough notices that Wayne is carrying a revolver and hastens to point out that by doing that, it's placing him in violation of British law. Wayne quickly retorts, "Well it's not in violation of U.S. law and I work under the regulations of the Cook County Police Department which makes carrying it obligatory!" In reality, which law would actually take precedence there, U.S. or British? Anybody happen to know?

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British Law would take precedence. As Brannigan is only a sworn officer in the City of Chicago, Cook County Il, and not a federal law enforcement officer, he would have no legal authority outside of his sworn jurisdiction. He would, in fact, be a private citizen in the UK and subject to UK laws.

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Thank you very much for your reply because I've always wondered about that! So if Richard Attenborough had wanted to force the issue, John Wayne would have had to relinquish his weapon, right? Instead, Attenborough just says, "Then I strongly suggest you relinquish the temptation to use it!" Oh well, I guess you must remember that this is John Wayne we're talking about and they could never force him to give up his gun in a movie!

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Happy to help. Attenborough's character could have forced Brannigan to relinquish his weapon, and placed under arrest or on an airplane to the States if Brannigan refused.

Being a sworn police officer doesn't guarantee the right of carrying a firearm abroad, It's my understanding(though I may be wrong) that even Federal Officers working overseas (FBI, DEA, etc.) are allowed to carry weapons only through the grace of the host country. I would assume that even if someone holds an International Firearms Permit(which a US municipal policeman isn't likely to posess), He/she could still be made to surrender the weapon, by local national authorities.

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Well I must say that you've certainly been helpful and informative and I've learned things I didn't know before especially when it comes to law enforcement officers carrying guns abroad! Now all that you say may very well be true but I'm just guessing--and I could be mistakened--that we probably have reciprocal agreements with other countries(especially the UK) in this regard, wouldn't you imagine? Now I know it used to be that British police never carried firearms except in cases of the most dire emergency. Do you know if that's still the case or has it changed somewhat?

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Most US allied nations have reciprocal agreements. The London Metropolitan Police do not carry firearms, uniform officers anyway. However, firearms are carried by special squads, and are available in emergencies! US Federal officers are only given the right to carry firearms through the auspices of the host nation. FYI, As a police officer, I'm bound to carry a weapon at all times within my municipality, but ,even though I'm a certified and sworn law officer, my authority to effect arrest and enforce the law is void outside of my home county/city. If I were to observe a crime, I would only be empowered to effect an arrest through a "Citizens Arrest".

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Interesting: I just heard from a guy from Englnad who says essentially the same thing--that the John Wayne character would not have been able to bring a gun into the country. Now throughout our discussions, you've emphasized the fact that once a police officer is outside his jurisdiction, there's really very little he can do but here's the thing: in this particular case, Wayne is over there on official police business to extradite a criminal and that's the bottom line. Doesn't that count for anything and wouldn't they cut him a little slack in that regard?

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Sorry it's taken so long to reply. Please understand that this is my opinion based on my experience(and I have NO experience in tracking down international bad guys!). In my experience, most police organizations will extend professional courtesy to a brother officer. However, police officers are also EXTREMELY territorial. To quote a commonly used phrase, we don't like for people to piss where we sleep. I believe the British cops would've had Brannigan's weapon.

Also, and taking into account this is a movie,it's doubtful that a municipal police officer would be sent overseas to recover a fugitive. I believe it's more likely that the US Marshal's Service would take charge in that instance, as fleeing across state lines to evade prosecution is a federal crime, and I believe that handling such matters falls to the Marshal's. Of course, then we wouldn't have Brannigan...would we, we'd have Cahill: US Marshal Part II.

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Considering that British folks who decided on a "No gun" law were a bunch of dumbasses for even considering that it was a good idea.......I guess over there your just supposed to yell "Freeze, or I'll blow my whistle and throw my useless club two feet!" Because without guns how else do they protect themselves from criminals?

Slobberknocker!

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[deleted]

[deleted]

There is no such thing as an International Firearms Permit. Never has been.

If you want to carry a firearm to a foreign country, swing by your local recruiting office. they're always looking for people and will even loan you a firearm for your trip.


soundnfury0675 wrote:

Being a sworn police officer doesn't guarantee the right of carrying a firearm abroad, It's my understanding(though I may be wrong) that even Federal Officers working overseas (FBI, DEA, etc.) are allowed to carry weapons only through the grace of the host country. I would assume that even if someone holds an International Firearms Permit(which a US municipal policeman isn't likely to posess), He/she could still be made to surrender the weapon, by local national authorities.

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The other guy who replied to my inquiry also said the John Wayne character was outside his jurisdiction so he couldn't have carried that gun in the UK but here's the thing: he was over there on official police business to extradite a criminal and that's the bottom line! Doesn't that mean anything? I mean wouldn't they cut him any slack in that regard?

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[deleted]

Very interesting and informative--thank you, but what exactly are those rules of engagement you're referring to? Another guy(who, coincidentally, happens to be in law enforcement) also replied to my inquiry on this and he stated that even federal law enforcement officers who work overseas like FBI, DEA, etc., can only carry weapons by grace of the host country.

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[deleted]

If John Wayne's character was sent to extradite a prisoner from a foriegn country, he would have to do so under the auspices of the U.S. Marshal's office, which many times, deputizes local officers for that purpose. I have a friend who did just that to Thailand many years ago. Local cop working on a task force and was deputized for the purposes of bringing back a suspect who had been picked up on an Interpol warrant the US Attorney's Office in San Francisco had issued.

As far as carrying firearms, it is ALWAYS up to the host country whether a foriegn cop carries or not.

Hollywood won't use those little legal technicalities since it isn't sexy and slows the movie down....

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Thanks for that interesting piece of info--I wasn't aware that the U.S. Marshall's office could deputize municipal police officers to extradite fugitives who've fled to foreign countries! Yes, I know that the host country determines if law enforcement officers can carry guns and even federal law enforcement officers like FBI, DEA and so forth who work overseas can only carry guns by grace of the host country.

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I have to say this was the most civilized thread I have read on IMDB. So many of them descend into childish, pathetic games. Thank you to the posters above who educated not only in law enforcement, but in netiquette and common civility.

Jack Yan
www.jackyan.com

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Even when they just cross state lines Chicago police officers have to appear before a judge for an extradiction hearing before a prisoner is brought back to the city. If the prisoner does not want to go back to Chicago the Cook County State's Attorney's Office (prosecutor) files a Governor's arrest warrant. That process can take up to several months. If the prisoner waives his rights he can go back right away.

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Thanks for that interesting tidbit of information!

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This particular business in the movie does date it to the seventies; today, Brannigan wouldn't have made it on to the plane with his revolver tucked neatly in the holster.
Just as dated as the girl's hair, or the bell-bottom pants.

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Actually, he would have, had their been a letter from his agency explaining his need to fly armed. Each airline handles it differently, but in essence, he bypasses the TSA checkpoints with a waiver in hand and reports to the pilot of the airline which he is flying. Of course, this all presupposes that he is flying as a deputized Federal Marshal and has the permission of the host country to be armed. State to state, no problem, just the letter from the chief and voila, he flies armed with the above procedure and doesn't have to be necessarily deputized a fed.

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Maybe it was possible in the 70's. I would have changed the story a little bit, maybe that he would get a weapon from a former war-comrade.

"Well, nobody's perfect."

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Here's to opening an old thread:

English law would have applied, plain and simple.

As was posted above, the USMS can deputize local officers to help with extraditions, but there is no mention of this being the case in the movie. Even so, the carrying of a weapon would have been under the auspices of the host nation.

In the current setting, Federal Air Marshals can land and deplane in foreign airports, but they secure their weapons in the airport if they wish to leave it.

Now, as to the authority of officers outside of their geographic jurisdictions, please note that there are 50 states in the US, and each has their own framework. In my state, a police officer may leave their jurisdiction with full authority to investigate a crime that occurred within their jurisdiction. Furthermore, warrants are applicable to all peace officers, constables, coroners, etc, without any regard to jurisdiction. Sheriff's in my state are constitutional officers; so, sheriff's and their deputies have statewide jurisdiction. Finally, our traffic code has the phrase "any officer" in it, and the state supreme court ruled that meant any officer anywhere in the state provided the offense was prosecuted in the jurisdiction in which it occurred.

I believe California grants complete statewide jurisdiction to any peace officer. In some states the sheriff is simply a civil officer, but in others it is a full fledged law enforcement officer and a quite powerful one at that.

Current law in the US (as of 2004 if I remember correctly) allows active and certain retired officers to carry firearms across state lines.

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<English law would have applied, plain and simple.>

Quite so.

Except for purposes of the extradition, Braningan would have had absolutely no police authority at all in the UK. And since British law does not allow in most cases, even the police to be armed, our lovable Irish cop would have to relinquish his Colt Diamondback at the demand of Scotland Yard. That Sir Charles did not do so immediately, is amazing to me.

But then the story would not have worked out like it did if he had, now would it?

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pops_mcfly says:
"Considering that British folks who decided on a "No gun" law were a bunch of dumbasses for even considering that it was a good idea......"
clearly fails to appreciate that England has had restrictions on the personal ownership of handguns since 1914 (due to Fenian attacks at that time).
More to the point the English don't live in constant fear and terror of being attacked, perhaps Mr McFly needs to man up.






Come on lads
bags of swank

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Don't have to worry about attacks on that side of the pond so long as they have handguns legally banned? MI-5 would disagree with you. Private gun ownership aside, what about trucks, machetes, knives, Molotov cocktails, improvised explosives, and bare hands? Rape and other violent crimes are on the rise in the UK, and a person is more likely to be mugged in London than in Harlem. The UK is fortunate their intelligence agencies catch so many terrorist plots before they can be carried out, but it also makes you wonder how long until someone slips by under their radar.

https://www.theguardian.com/uk-news/2016/nov/01/andrew-parker-mi5-director-general-there-will-be-terrorist-attacks-in-britain-exclusive

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The danger of terrorist attack is universal throughout the Western World, no more so in the UK than anywhere else.

Comparing London (population 8.36 million) with Harlem (population 335 thousand)
is ridiculous.

As I posted much earlier personal handgun ownership there has been severely restricted since 1914. The Dunblane school massacre was enough to convince Parliament that a total ban would be worthwhile. Shotguns and hunting rifles are restricted but much more straightforward to register and own, but comprehensive background checks weed out the cranks and nutters than seem free to arm themselves here.







Come on lads, bags of swank!

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The comparison between London and Harlem was made per 1,000 residents, not the overall number of muggings.

The Tories have found that in Harlem last year there were just 5.9 robberies per 1,000 residents.

Across London the figure was 7.4 attacks.

In some inner-city boroughs the level of street crime was even higher.

Lambeth, which includes Brixton, saw 24 muggings per 1,000 people - four times the Harlem rate.

Westminster - which includes Downing Street and Buckingham Palace - had 12 robberies per 1,000 residents.

The borough of Islington, where Tony Blair lived before becoming Prime Minister, saw 9.3 attacks per 1,000.

I've seen graphs of England's homicide rate after the handgun ban, it seems less than effective, and reports of the police underreporting crimes have been making their way here since the late 1990s. A knee-jerk reaction by ill-informed politicians to an isolated incident with questionable results is nothing to take pride in.

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Nevertheless, to derive statistical significance by comparing a huge city with a local area is flawed.
Lambeth is largely inner city government housing with a large percentage Afro-Caribbean population, Westminster, despite the posh connections also has large areas of run down government housing were recidivist criminals choose to live. Islington, despite being gentrified by the like of Blair was solidly working class, who have now been priced out of town leaving what is not owned by yuppies as rooming houses for the Welfare classes.

The handgun, as an instrument of murder was never common in the UK, the ban was a prescriptive one. Handgun ownership, except for a tiny minority that were either target shooters or collectors was rare. Certainly the UK population had never felt the urge to be armed for personal protection.

Much of the increase in violent crime was due to the collapse of the USSR and the sudden influx of illegal firearms from the Soviet bloc into Western Europe and the UK. In addition the huge increase in illegal drug imports and the inter-gang warfare that usually accompanies it led to turf wars.

Worth reading:
http://bigthink.com/ideafeed/examining-uk-gun-crime-15-years-after-firearms-act





Come on lads, bags of swank!

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Yeah! Of course American law would take precedence over British law in UK sovereign territory. Doesn't it work in reverse too?

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marbleeye said: "Yeah! Of course American law would take precedence over British law in UK sovereign territory. Doesn't it work in reverse too?"

Why not? Look how many times James Bond was here kicking ass and shooting badguys? I mean he saved our gold reserves at Ft. Knox, saved Miami from certain destruction (with help from the US Navy Seals), battled voodoo priests in Louisiana and so on. The LEAST the Brits could do is allow JOHN WAYNE to kick some serious ass in London. Sheesh!

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LOL Reciprocity is a beautiful thing, isn't it?

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