off duty LEO?

[jstnbach]

Are off duty LEO required to follow the same laws as citizens with CCW permits?just curious I've heard several different opinions

[Deserteagle]

Well of course they are required to follow the same laws as any of us. Only difference is they have some special privileges depending on where they are. The Law Enforcement Officer Safety Act allows police to carry concealed weapons anywhere in the country with few exceptions for example. Dont quite know what exact laws you are questioning though.

[jstnbach]

We had a discussion about off duty officers being able to carry or not inside a place in Texas with the 51% sign. Which means I wouldn't be able to carry. Was he legal? I glanced at some of the laws on the dps website but didn't see much. Again just curious....

[chiefpropellerhead]

In Texas a peace officer is a peace officer 24x7. They may not be on the clock performing their assigned duty post but they are still fully fledged law enforcement officers even when they are in civilian clothes. Some departmental policies require that the peace officers carry an off duty weapon at all times. So, I guess it depends onwhich police dept or SO office they work for and what those policies are. With all of that said that does not mean that the peace officer can act in an unprofessional manner. There are policies that remedy that sort of behavior.

[SGB]

It's going to vary State to State and agency to agency depending on the laws, agency policies and if the Officer is carrying on the badge or an issued Concealed Carry License.

[Treo]

In Texas a peace officer is a peace officer 24x7. They may not be on the clock performing their assigned duty post but they are still fully fledged law enforcement officers even when they are in civilian clothes. Some departmental policies require that the peace officers carry an off duty weapon at all times. So, I guess it depends onwhich police dept or SO office they work for and what those policies are. With all of that said that does not mean that the peace officer can act in an unprofessional manner. There are policies that remedy that sort of behavior.

Colorado is the same way, if you are a sworn POST certified peace officer anywhere in Colorado you are a sworn POST certified peace officer everywhere in Colorado. There is no "out of your jurisdiction" or "off duty"

[Rich_S]

Are off duty LEO required to follow the same laws as citizens with CCW permits?just curious I've heard several different opinions

I work with an LEO and he told me he has to follow the same laws as citizens carrying off duty but also has more responsibilities than an armed citizen. He has a duty to take action if he encounters a situation such as a bank robbery where an armed citizen has no such obligation and shouldn't act in many cases.

[NavyLCDR]

I work with an LEO and he told me he has to follow the same laws as citizens carrying off duty but also has more responsibilities than an armed citizen. He has a duty to take action if he encounters a situation such as a bank robbery where an armed citizen has no such obligation and shouldn't act in many cases.

He has no more responsibilities, according to case law, than an armed citizen does. He has no obligation, according to law, to take action in a bank robbery, for example. Maybe he feels he morally does?

http://www.nytimes.com/2005/06/28/po...gewanted=print

[Samuel]

The law you are referring to was originally called the The Law Enforcement Officer's Safety Act. The law is sometimes called HR 218 and the official title of the law, due to a recent change, is called The Law Enforcement Officer's Safety Improvement Act.

The law is codified under Title 18, Part I, Chapter 44, Section 926b, "CARRYING OF CONCEALED FIREARMS BY QUALIFIED LAW ENFORCEMENT OFFICERS"

The law, in short, allows any law enforcement officer to carry concealed handguns if they have statutory powers of arrest, qualify by their department standards, are not under disciplinary actions, not prohibited from federal law, and are not under the influence of alcohol or hallucinatory drugs or substances. The law enforcement officer must carry their credentials on them while carry a concealed handgun.

There are exceptions to where an law enforcement officer can carry. The places that you cannot carry are in state or local government facilities that restrict carrying (schools, state, city or county offices, and so on), court houses, and private property prohibiting carrying.

With the recent passing of The Law Enforcement Officer Safety Improvement Act law enforcement officers are allowed to carry ammunition that is not expressly restricted by Federal law or the National Firearms Act. So to the best of my knowledge, if there is a state or locality that prohibits Jacket Hollow Point bullets, then the law enforcement officer is exempted from that law.

With the above being said, technically in the State of Oregon a off-duty law enforcement officer could not carry a concealed handgun onto school property unless the law enforcement officer had a concealed handgun license or was on official duty because the way the federal and state law is written. Also, in Oregon there is no specific law prohibiting a person from carrying a concealed handgun while under the influence of alcohol. So in that respect, there are greater restrictions placed on a law enforcement officer.

In regards to being a law enforcement officer twenty-four-seven, that is department specific per policy. In my department, we are not required to carry our department firearm nor qualify on our off-duty handgun. Our policy is very specific about us being a regular citizen, only taking action we are personally responsible for, and not producing our credentials unless it's for verifying our employment.

[NCIC105]

Most states an Officer is on-duty 42X7 and most department required to act when he sees a violation. Now that does not mean he needs to chase down a speeder when off duty.