If it were simply taxation, I would just pay the tax. But each state wants a photo, a set of fingerprints, an application, a criminal record check, proof of continuing education and maybe even a test in addition to a check. The administrative burden is onerous.
I took the Arkansas test a few years ago. The first question was "What is the address of the Arkansas State Bureau of Private Investigations?" It was a closed book test. I am not making this up.
There was not one question related to fire investigation. The licensing laws are not simply for taxation; they also serve to restrain trade.
They also serve to keep people in line. I was asked a few years back to review a criminal case in MN. I attempted to apply for an individual license ($1,000) but they told me I had to get a corporate license ($2,000) and that it would take longer for me to get licensed than the time remaining before trial.
I tried to get several MN licensees to take the case, but they said they had families to feed, and if they took a case against the State Fire marshal, there would be retaliation. Their insurance work would dry up and their licenses would be in jeopardy.
The judge, on hearing this, got the DA to agree to not prosecute me for helping the defendant. The case was eventually dismissed.
I got hate mail from the lead fire investigator, but at least he couldn't go after my license
John Lentini, CFI, D-ABC
Fire Investigation Consultant
Florida Keys
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