When does "X" law enforcement agency get involved?

[Machine_Elf]

The Bureau of Alcohol, Tobacco and Firearms has become involved in the investigation of yesterday’s mass shooting at a sikh temple in Wisconsin, which leads me to wonder why. Presumably the local police force has jurisdiction over a crime scene - or the county sheriff, or state police if a municipality doesn’t have its own police force. But at what point is the involvement of a federal agency such as the BATF or FBI justified/authorized?

[Annie-Xmas]

If the crime doesn’t cross state lines, the federal agencies have to be asked to investigate by the local agencies.

I learned this from an episode of Criminal Minds.

[pravnik]

The organization and jurisdiction of the FBI, BATF (aka ATF), DEA, BOP and other various agencies of the Department of Justice can be found in Title 28 of the Code of Federal Regulations and Titiles 18 and 28 of the U.S. Code. The BATF’s general functions statement in Title 28 of the CFR will give you some idea of when they will get involved:

Subject to the direction of the Attorney General and the Deputy Attorney General, the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall:

(a) Investigate, administer, and enforce the laws related to alcohol, tobacco, firearms, explosives, and arson, and perform other duties as assigned by the Attorney General, including exercising the functions and powers of the Attorney General under the following provisions of law:

(1) 18 U.S.C. chapters 40 (related to explosives), 44 (related to firearms), 59 (related to liquor trafficking), and 114 (related to trafficking in contraband cigarettes);

(2) Chapter 53 of the Internal Revenue Code of 1986, 26 U.S.C. chapter 53 (related to certain firearms and destructive devices);

(3) Chapters 61 through 80, inclusive, of the Internal Revenue Code of 1986, 26 U.S.C. chapters 61-80, insofar as they relate to activities administered and enforced with respect to chapter 53 of the Internal Revenue Code of 1986, 26 U.S.C. chapter 53;

(4) 18 U.S.C. 1952 and 3667, insofar as they relate to liquor trafficking;

(5) 49 U.S.C. 80303 and 80304, insofar as they relate to contraband described in section 80302(a)(2) or 80302(a)(5); and

(6) 18 U.S.C. 1956 and 1957, insofar as they involve violations of:

(i) 18 U.S.C. 844(f) or (i) (relating to explosives or arson),

(ii) 18 U.S.C. 922(l) (relating to the illegal importation of firearms),

(iii) 18 U.S.C. 924(n) (relating to illegal firearms trafficking),

(iv) 18 U.S.C. 1952 (relating to traveling in interstate commerce in aid of racketeering enterprises insofar as they concern liquor on which Federal excise tax has not been paid);

(v) 18 U.S.C. 2341-234 6 (trafficking in contraband cigarettes);

(vi) Section 38 of the Arms Export Control Act, as added by Public Law 94-329, section 212(a)(1), as amended, 22 U.S.C. 2778 (relating to the importation of items on the U.S. Munitions Import List), except violations relating to exportation, in transit, temporary import, or temporary export transactions;

(vii) 18 U.S.C. 1961 insofar as the offense is an act or threat involving arson that is chargeable under State law and punishable by imprisonment for more than one year; and

(viii) Any offense relating to the primary jurisdiction of Bureau of Alcohol, Tobacco, Firearms, and Explosives that the United States would be obligated by a multilateral treaty either to extradite the alleged offender or to submit the case for prosecution if the offender were found within the territory of the United States;

(b) Investigate, seize, and forfeit property involved in a violation or attempted violation within the investigative jurisdiction set out in paragraph (a), under 18 U.S.C. 981 and 982 ;

(c) Subject to the limitations of 3 U.S.C. 301, exercise the authorities of the Attorney General under section 38 of the Arms Export Control Act, 22 U.S.C. 2778, relating to the importation of defense articles and defense services, including those authorities set forth in 27 CFR part 47; and

(d) Perform any other function related to the investigation of violent crime or domestic terrorism as may be delegated to the Bureau of Alcohol, Tobacco, Firearms, and Explosives by the Attorney General.

28 CFR 0.130 - General functions

In the case of the Wisconsin shootings, I suspect that the FBI and BATF are getting involved because the shooting is being considered domestic terrorism, because the shooter has suspected ties to neo Nazi groups linked to possible domestic terrorism, and also because of the possibilities of explosives in his home.

[Loach]

You said the magic word. Terrorism. Instant federal jurisdiction.

[lawbuff]

@Annie-Xmas

If the crime doesn’t cross state lines, the federal agencies have to be asked to investigate by the local agencies.

I learned this from an episode of Criminal Minds.

Not always true. The robbery of a federally insured bank is a US Code crime.

From memory, the federal kidnapping statute gives the FBI jurisdictional authority to investigate on thier own, IF the person is missing more than 24 hours, as then the “Presumption” is, the person has been taken out of state.

Also intrastate or foreign jurisdiction need only have a “federal element”, by statute or case law for the FBI to have jurisdiction. If a person arranges a murder by Mail, that is the federal element neccessary, as one example.