LEO Off Duty Carry

[superdutydave]

does anyone have knowledge of rules applying to LEO's off duty carrying concealed in other states?

I have been told that Patriot act offers off duty LEO's unlimited carry thru out 50 states....does anyone know this to be true.

Does it apply inv NYC, DC, CA, MA etc. with their incredilbly tough laws.

If anyone has knowledge of this where would one find written confirmation etc.

thanks

Dave

[utimmer43]

It's not the Patriot Act. It's the Law Enforcement Officers Safety Act. , or LEOSA. In general, yes. An LEO may CC in any state. However, I'm not sure how it is handled in each state, meaning that I'm not yet sure that you would be covered by it yet in each state.

Best bet would be to call the AG of the state(s) you wish to visit.

[superdutydave]

utimmer

thanks...the law passed around sametime as patriot act....my confusion.

that said....all my buddies that are LEO's give no thought to carrying wherever they go...should they desire it. I suspect they are accurate and same applies to me. Just was wondering what was the specific law and were there any acceptions such as NYC or DC for example.

Dave

[utimmer43]

Originally Posted by superdutydave

utimmer

thanks...the law passed around sametime as patriot act....my confusion.

that said....all my buddies that are LEO's give no thought to carrying wherever they go...should they desire it. I suspect they are accurate and same applies to me. Just was wondering what was the specific law and were there any acceptions such as NYC or DC for example.

Dave

NYC and DC are included, as are P.R. and all the other U.S. possessions.

There are a couple exceptions though:

(from Wikipedia)

the laws of any State that (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park." This does not mean that LEOSA-qualified persons are prohibited from carrying concealed firearms in such areas, but only that they must obey whatever state laws apply on those two points. They are free to disregard all other state and local laws that govern the carrying of concealed firearms.

Long story short- In general, you as an LEO or retired LEO may carry in any jurisdiction. Just make sure you keep those couple of exceptions in mind. Also, realize that Wikipedia is a good place to start, but not an alternative to professional advice. If in doubt, consult a lawyer.

[NCjones]

Doesn't your department have this information for you????
The LEOSA 2004 permits active duty officers and officers who are retired in good standing to carry concealed in all 50 states. You have to carry your department-issued ID while carrying.

http://njlawman.com/Feature%20Pieces/HR%20218.htm

[superdutydave]

I was in law enforcement....20 years ago....just started up again recently. I am sure dept has info somewhere just didn't want to be a nudge first few weeks in asking unusual questions etc.

thanks for the info.....

Dave

[NCjones]

Originally Posted by superdutydave

I was in law enforcement....20 years ago....just started up again recently. I am sure dept has info somewhere just didn't want to be a nudge first few weeks in asking unusual questions etc.

thanks for the info.....

Dave

Only bummer is that it says you can't carry a machine gun.

[superdutydave]

Originally Posted by NCjones

Only bummer is that it says you can't carry a machine gun.

Damn and I have the M-60 left over from the gulf war too! would make a great off duty carry piece

thanks for the confirmation.....


Dave

[surfcc]

All MA LEO's are REQUIRED to have the same Class A LTC that common folk like me have. They must also keep that LTC in good standing. If there any MA LEO's out there who know differently, please inform. Thanks for your service!

[g30sheepdog]

I am new to this forum and i hope i do this correctly. If I am doing this the wrong way or in the wrong location my apologies.

As far as the LEOSA (HR-218) goes there is a fairly good page on in at wikapidia (sp?). I have researched that law for several years and still have one issue I am not clear on yet: Does that law cover sworn reserve leos? I have been a sworn reserve leo for over 5 years. For over 4 of those years I have been "solo status". I patrol solo, handle cases on own, make my own arrests, issue my own citations, ect.

In reading the requirements in the law for who is considered "Qualified law enforcenent";

I, 1- have statutory powers of arrest.
2- am authorized to carry a firearm

I have found case law that states that my limited athority in these two areas still covers me.

BUT, I need to know if anybody has any idea where i can find out what definition of an "employee" they used in this law for the "employee of a govt agency" part of the law. Thats the part ive never been able to figure out.

Every time ive researched this all i get is opinion. What im looking for is something legal or official.

Ugh. I hope this makes sense. Im new to this posting thing and i dont want to screw it up.

Any input would be great.