A US Customs and Border Protection officer will escape prosecution despite carrying a firearm during the “Justice for J6” rally at the US Capitol, where it is illegal for federal law enforcement to carry guns if not acting in an official capacity.

A spokesman for the US attorney’s office in Washington said they were “not moving forward with charges” against the unidentified 27-year-old New Jersey man, according to the Associated Press.

The spokesman did not provide any further information as to why they were not charging the suspect, despite two law enforcement officials speaking on condition of anonymity saying that he was not at the rally in any official capacity.

While the “Law Enforcement Officers’ Safety Act” exempts active and retired officers from local and State prohibitions on carrying concealed firearms while off duty, it does not apply within the US Capitol Grounds.