B-30819, DECEMBER 14, 1942, 22 COMP. GEN. 537

B-30819: Dec 14, 1942

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THE STATE OR POLITICAL SUBDIVISION THEREOF IS WITHOUT AUTHORITY TO REQUIRE SUCH EMPLOYEES TO PROCURE SPECIAL POLICE COMMISSIONS AS A CONDITION TO THE CARRYING OF THE FIREARMS. APPROPRIATED FUNDS ARE NOT AVAILABLE FOR THE PAYMENT OF A FEE INCIDENT TO THE PROCURING OF ANY SUCH COMMISSION. 1942: I HAVE YOUR LETTER OF DECEMBER 2. WHICH IS A CONSTITUENT AGENCY OF THE OFFICE FOR EMERGENCY MANAGEMENT. ARE AVAILABLE FOR THE PAYMENT OF FEES TO THE CITY OF CHICAGO FOR THIS TYPE OF COMMISSION. IT WAS HELD BY THE SUPREME COURT OF THE UNITED STATES THAT THE STATES HAVE NO POWER BY TAXATION OR OTHERWISE TO RETARD. IT IS APPARENT. THE STATE IS WITHOUT AUTHORITY TO REQUIRE SUCH EMPLOYEES TO PROCURE SPECIAL POLICE COMMISSIONS FROM THE STATE OR POLITICAL SUBDIVISIONS THEREOF.

B-30819, DECEMBER 14, 1942, 22 COMP. GEN. 537

STATE OR LOCAL FEES INCIDENT TO FIREARMS - CARRYING PERMITS FOR FEDERAL EMPLOYEES - APPROPRIATION AVAILABILITY WHERE THE DUTIES OF GOVERNMENT EMPLOYEES REQUIRE THE CARRYING OF FIREARMS FOR THE PROTECTION OF FEDERAL PROPERTY, THE STATE OR POLITICAL SUBDIVISION THEREOF IS WITHOUT AUTHORITY TO REQUIRE SUCH EMPLOYEES TO PROCURE SPECIAL POLICE COMMISSIONS AS A CONDITION TO THE CARRYING OF THE FIREARMS, AND, THEREFORE, APPROPRIATED FUNDS ARE NOT AVAILABLE FOR THE PAYMENT OF A FEE INCIDENT TO THE PROCURING OF ANY SUCH COMMISSION.

COMPTROLLER GENERAL WARREN TO THE LIAISON OFFICER, OFFICE FOR EMERGENCY MANAGEMENT, DECEMBER 14, 1942:

I HAVE YOUR LETTER OF DECEMBER 2, 1942, FI-20, AS FOLLOWS:

THE OFFICE OF CIVILIAN DEFENSE, WHICH IS A CONSTITUENT AGENCY OF THE OFFICE FOR EMERGENCY MANAGEMENT, HAS FOUND IT NECESSARY TO DESIGNATE CERTAIN EMPLOYEES OF THAT AGENCY AS GUARDS IN THEIR SUPPLY DEPOT SITUATED IN CHICAGO, ILLINOIS. AN ORDINANCE OF THE CITY OF CHICAGO REQUIRES THAT ANYONE CARRYING FIRE ARMS MUST HOLD A SPECIAL POLICE COMMISSION.

WE WOULD APPRECIATE YOUR ADVISING US WHETHER THE FUNDS APPROPRIATED FOR THE OFFICE OF CIVILIAN DEFENSE BY THE FIRST SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1943, APPROVED JULY 25, 1942, AND THE FIRST DEFICIENCY APPROPRIATION ACT, 1942, APPROVED FEBRUARY 21, 1942, ARE AVAILABLE FOR THE PAYMENT OF FEES TO THE CITY OF CHICAGO FOR THIS TYPE OF COMMISSION.

IN THE CASE OF M-CULLOCH V. STATE OF MARYLAND, ET AL., 4 WHEAT. 316; 4 LAW USED. 314, IT WAS HELD BY THE SUPREME COURT OF THE UNITED STATES THAT THE STATES HAVE NO POWER BY TAXATION OR OTHERWISE TO RETARD, IMPEDE, BURDEN, OR IN ANY MANNER CONTROL THE OPERATION OF THE CONSTITUTIONAL LAWS ENACTED BY THE CONGRESS TO CARRY INTO EFFECT THE POWERS VESTED IN THE NATIONAL GOVERNMENT. SEE ALSO JOHNSON V. MARYLAND, 254 U.S. 51, DENYING THE RIGHT OF THE STATE TO REQUIRE AN EMPLOYEE OF THE POST OFFICE DEPARTMENT TO OBTAIN A STATE LICENSE TO DRIVE A GOVERNMENT MOTOR TRUCK.

IT IS APPARENT, THEREFORE, THAT IF THE DUTIES OF GOVERNMENT EMPLOYEES REQUIRE THE CARRYING OF FIREARMS FOR THE PROTECTION OF FEDERAL PROPERTY, THE STATE IS WITHOUT AUTHORITY TO REQUIRE SUCH EMPLOYEES TO PROCURE SPECIAL POLICE COMMISSIONS FROM THE STATE OR POLITICAL SUBDIVISIONS THEREOF. ACCORDINGLY, THERE BEING NO NECESSITY FOR THE PROCUREMENT OF SUCH A COMMISSION OR THE PAYMENT OF FEES THEREFOR TO THE CITY OF CHICAGO, IT NECESSARILY FOLLOWS THAT NO APPROPRIATION FOR THE EXPENSES OF THE OFFICE FOR EMERGENCY MANAGEMENT IS AVAILABLE FOR THE PAYMENT OF ANY SUCH FEE.