Weapons; Carrying Concealed Weapons; Railroad Police

October 4, 1979

Subject:

Requested By:

Lawton Eure, Training Evaluator Criminal Justice Training & Standards Council

Question:

Can Railroad police carry concealed weapons anywhere in the State when in the performance of their official duties?

Conclusion:

Yes.

In relevant part, G.S. 14-269 reads as follows:

§ 14-269. Carrying concealed weapons. — If anyone, except when on his own premises, shall willfully and intentionally carry concealed about his person any bowie knife, dirk, dagger, sling shot, loaded cane, brass, iron or metallic knuckles, razor, pistol, gun or other deadly weapon of like kind, he shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than six months, or both. This section shall not apply to the following persons: . . . officers of the State, or of any county, city, or town, charged with the execution of the laws of the State when acting in the discharge of their official duties, . . ."

G.S. 74A-2, in relevant part, reads as folllows:

"§ 74A-2. Oath, powers, and bond of company police; exceptions as to railroad police. — (a) Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe the usual oath.

(b): Such policemen, while in the performance of the duties of their employment, shall severally possess all the powers of municipal and county police officers to make arrests for both felonies and misdemeanors:
(1): Upon property owned by or in the possession and control of their respective employers; or
(2): Upon property owned by or in the possession and control of any person or persons who shall have contracted with their employer or employers to provide security for protective services for such property; or
(3): Upon any other premises while in hot pursuit of any person or persons for any offense

committed upon property vested in subdivisions (1) and (2) above.

(d) The limitations on the power to make arrests contained in subdivision (1), (2) (and) (3) of subsection (b) shall not be applicable to policemen appointed for any railroad company. Policemen appointed for railroad companies shall be required to post a bond in the sum of five hundred dollars ($500.00) in lieu of the bond required by subsection (c)."

G.S.: 74C-3(8)(b)(6) reads:

"Private protective services shall not mean:

. . . .

(6) Company police or railroad police as defined in Chapter 74A of the General Statutes of North Carolina; . . ."

In Tate v. R.R., 205 N.C. 51 (1933), the Court held:

"The weight of authority maintains the position that special officers appointed by the State for police duty at the expense of a railway company or other corporation are prima facie public officers, . . ."

In Assoc. of Licensed Detectives v. Morgan, Attorney General, 17 N.C. App. 701 (1973) the Court said:

"Private or special police are public officers, Tate v. R.R., 205 N.C. 51, 169 S.E. 816 (1933), and therefore, a proper subject of regulation by the State in exercise of its police power."

It would appear that railroad police fall into one of two categories; i.e., those hired for the purpose of security of railroad property, and those who serve in the capacity of detectives. Those who serve in the general capacity of security of property should comply with the provisions of

G.S. 74A-3 relative to the wearing of a shield with the words "Railway Police" and the name of the company or corporation for which they are appointed. Therefore, if a weapon is needed, concealment would serve no purpose, however, such does not appear to be prohibited while on the railway’s property. Railway police employed as detectives are not required to wear a shield as they are exempt from the requirements of G.S. 74A-3. Further, being a public officer, they are also exempt from the provisions of G.S. 14-269 while on duty. As to whether a railway detective is on duty is simply a question of fact.

Rufus L. Edmisten Attorney General

William W. Melvin Deputy Attorney General