LEO Off Duty Carry - Page 2
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Thread: LEO Off Duty Carry

  1. #11
    Join Date
    Jan 2009
    Location
    Hudson Valley NY
    Posts
    38
    Quote Originally Posted by g30sheepdog View Post
    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

    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.
    Can't you determine your 'employment' status by asking your deputy chief or chief? I would think your CO would know as well.

    If you're paid by the municipality for which you're a reserve you're employed (i.e. an employee) of that muni/agency. Are you paid, either in concept or actuality? I'm a reserve, employed by my agency (but earn a pittance), and am covered under LEOSA.

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  3. #12
    Quote Originally Posted by TheMan View Post
    Can't you determine your 'employment' status by asking your deputy chief or chief? I would think your CO would know as well.

    If you're paid by the municipality for which you're a reserve you're employed (i.e. an employee) of that muni/agency. Are you paid, either in concept or actuality? I'm a reserve, employed by my agency (but earn a pittance), and am covered under LEOSA.
    I work for a county agency and we as reserves are also required to put in a certain number of hours per month in the jail. I DO get paid when I work in the jail and still have arrest powers and I am authorized to carry a firearm while doing prisoner transports to court or to the hospital. I filled out an I.R.S. W-4 form when i got sworn in. And the reserve unit gets paid per Deputy at certain events like football games and such. I just dont get paid when I patrol.

    I have carried my gun several times while out of state and was always 99.9% certain that i was covered.

    Have you ever had any contact with L.E. while carrying our of state? If so, how did that go?

  4. #13
    Join Date
    Dec 2007
    Location
    Humble - Harris Co.
    Posts
    67
    I'm in Texas, and I am a non paid Reserve. The Reserve application states they (my agency) are a equal opportunity employer. So I figure I am employed by a gov. agency.
    And I am a full time civilian Tech. for the same Agency. So I guess I can carry both IDs. Show my full time ID and say yes I am employed by a gov. LEA, and then show my LEO ID and say Yes, I have the power to arrest and carry a weapon.

  5. #14
    Join Date
    Jan 2009
    Location
    Hudson Valley NY
    Posts
    38
    Quote Originally Posted by g30sheepdog View Post
    I work for a county agency and we as reserves are also required to put in a certain number of hours per month in the jail. I DO get paid when I work in the jail and still have arrest powers and I am authorized to carry a firearm while doing prisoner transports to court or to the hospital. I filled out an I.R.S. W-4 form when i got sworn in. And the reserve unit gets paid per Deputy at certain events like football games and such. I just dont get paid when I patrol.

    I have carried my gun several times while out of state and was always 99.9% certain that i was covered.

    Have you ever had any contact with L.E. while carrying our of state? If so, how did that go?
    For whatever my interpretation is worth (i.e. not a legal defense, that's for sure!) it sounds like you're covered as an arrest-empowered, authorized to carry a weapon sworn employee of your agency.

    I have not had occasion to justify my out-of-state carry to an LEO.

  6. #15
    You can google HR 218 or the Federal Law Enforcement Officer Safety Act of 2004. Lots of good sites with the correct info. From what I've read, and from the Fla Attorney General's opinion, if you are an active LEO with arrest powers you can carry concealed anywhere in the country, including NYC (tough Bloomberg) and Washington DC, except those specific buildings, etc that may be gov't property or the private owner prohibits it. You also must qualify at least once a year on a course approved for LEOs in your state. You may carry the same "type" (revolver or semi-auto) that you qualify with, but it is not gun specific.

    I fall under the qualified retired law enforcement officers section of the law. I too can carry under HR 218 (and have for the past 3 years), as long as I served at least 15 years with the power of arrest (and some other requirements), and qualify on the firing range at least once a year with a law enforcement agency in my state of residence or my previous employer, and fill out the required paperwork. I must also carry my "retired officer" ID along with the HR 218 card my state issues. The federal law is 926C.

    Coincidentally, this afternoon I qualified with my old Model 66 .357 revolver and a Glock 17 9mm. I will send in the form signed off by the firearms instructor to my state's POST Council and receive a card indicating I qualified with a revolver and semi-auto and may carry them under 926C. The authorization is good for one year, then I have to re-qualify with my local police agency.
    Elliot
    Proud Member of the Patriot Guard Riders...Support our Troops
    Retired LEO, HR 218 Qualified, Certified Firefighter

  7. #16
    Quote Originally Posted by surfcc View Post
    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!
    Yes, we as Mass LEO's must posses a valid LTC class A. This is correct.

  8. #17
    Join Date
    Jan 2009
    Location
    Hudson Valley NY
    Posts
    38
    Quote Originally Posted by mk70ss View Post
    Yes, we as Mass LEO's must posses a valid LTC class A. This is correct.
    The disparities from state to state are crazy... in NY, at least in my county, LEOs are discouraged (but not prevented) from having pistol permits; departments want to be able to take our guns if involved in a shoot since in NY you need a permit to simply possess a pistol.

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