New LEO carry question
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Thread: New LEO carry question

  1. New LEO carry question

    Hello

    long time permit carrying person...carry concealed quite often. Always complied with the laws applicable etc.

    Just got a job with our local P.D. as a part-time officer...badge Uniform, Gun the whole deal.

    Question...being a badge carrying L.E.O. can I carry off duty within other states even without a permit for that state? I have been told by a few that the Partiot Act has provisions that allow off duty officers to carry within any state without permits etc.

    Is this true? where would I get info on this fact.

    If it is true....does it apply in NYC, D.C. MA and CA....places notorious for restrictions on firearm possession.

    thanks for any help guidance etc.

    Lou

  2.   
  3. No.

  4. #3
    Quote Originally Posted by superdutydave View Post
    where would I get info on this fact.

    Lou
    First, I would not go to post #2 for any factual information.

    Instead, I would read the actual statute:
    18 U.S. Code § 926B - Carrying of concealed firearms by qualified law enforcement officers | LII / Legal Information Institute

    18 U.S. Code § 926B - Carrying of concealed firearms by qualified law enforcement officers

    (a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

    (b) This section shall not be construed to supersede or limit 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.

    (c) As used in this section, the term “qualified law enforcement officer” means an employee of a governmental agency who—
    (1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under section 807 (b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);
    (2) is authorized by the agency to carry a firearm;
    (3) is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;
    (4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
    (5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
    (6) is not prohibited by Federal law from receiving a firearm.

    (d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency.

    (e) As used in this section, the term “firearm”—
    (1) except as provided in this subsection, has the same meaning as in section 921 of this title;
    (2) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and
    (3) does not include—
    (A) any machinegun (as defined in section 5845 of the National Firearms Act);
    (B) any firearm silencer (as defined in section 921 of this title); and
    (C) any destructive device (as defined in section 921 of this title).

    (f) For the purposes of this section, a law enforcement officer of the Amtrak Police Department, a law enforcement officer of the Federal Reserve, or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under section 807 (b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice).
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  5. #4
    Awww crap.... the OP was from 2009! Dang it!

    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  6. #5
    Join Date
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    One assumes he got his answer
    In an emergency individuals do not rise to the occasion, they fall to the level of their MASTERED training
    Barrett Tillman

  7. Yes, but under (c)(1), they are not "authorized" in that particular jurisdiction.

    [QUOTE=NavyLCDR;500780]First, I would not go to post #2 for any factual information.

    Instead, I would read the actual statute:
    18 U.S. Code § 926B - Carrying of concealed firearms by qualified law enforcement officers | LII / Legal Information Institute

    18 U.S. Code § 926B - Carrying of concealed firearms by qualified law enforcement officers

    (a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

    (b) This section shall not be construed to supersede or limit 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.

    (c) As used in this section, the term “qualified law enforcement officer” means an employee of a governmental agency who—
    (1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest or apprehension under section 807 (b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

  8. I did get my answer with the passage of the OFFICER SAFETY ACT.

    Law Enforcement Officers Safety Act - Wikipedia, the free encyclopedia

    a qualified law enforcement officer with proper ID can carry nationally in all jurisdictions regardless of state statue. Only exceptions maybe federal buildings bars schools etc.

    Qualified is a strong word but essentially you need to be a law enforcement officer that carries a sidearm and has powers of arrest etc.

    Some local jurisdictions do have angst with this federal law as it trumps their local laws......I however am thrilled by it as most of the places that have the strict laws are the ones you most likely need/want to carry in.


    thoughts opinions...

  9. #8
    Quote Originally Posted by superdutydave View Post
    thoughts opinions...
    I find it repulsive that some law abiding citizens' lives are considered more important to defend than others.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  10. #9
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    Location
    Republic of Dead Cell Holler, Occupied Territories of AL, former USA
    Posts
    7,673
    Quote Originally Posted by superdutydave View Post
    thoughts opinions...
    Thoughts and opinions on LEOs getting special treatment when they spent their whole careers enforcing unconstitutional gun control laws on the rest of us? I think it sucks out loud.

    Blues
    No one has ever heard me say that I "hate" cops, because I don't. This is why I will never trust one again though: You just never know...

  11. #10
    The starting pay for one of our local deputys right out of academy training is I think $14 a hour, and if ran overtime you better have a dam good reason, the sergeants pay go's up a little, and a LTs pay is $17.50 a hour, the chief dep, and sheriff are salary, don't know what it is but it can't be much, now I don't know about the rest of you, but I think I would like a little better qualified police force, than worrying about where they can or cannot carry there gun, I meen when they are around home there carrying, so why should anybody care if there carrying 3 states over,.................. and as in most cases we pay enough tax's to do a lot better LEO wise, but the money never go's where it needs to
    Bad Guys of the world beware the next time you think about jumping on a old guy, because its a fair bet he's to old to fight and probably to fat to run, but can put one in your eye at 50ft with his weak hand

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