New LEO carry question


superdutydave

New member
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.:angry:

thanks for any help guidance etc.

Lou
 

NavyLCDR

New member
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).
 

NRA-instructor

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

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);
 

superdutydave

New member
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...
 

Rocketgeezer

New member
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
 

Eidolon

Alter Kocker
I find it repulsive that some law abiding citizens' lives are considered more important to defend than others.

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


Even if I agree with the sentiment expressed above, it's not the OP's fault the law got passed and I can't blame him for taking advantage of it.
 

NavyLCDR

New member
Even if I agree with the sentiment expressed above, it's not the OP's fault the law got passed and I can't blame him for taking advantage of it.

I don't blame superdutydave for taking advantage of whatever he can. What I said was that I find it repulsive that the government feels it is more important for a deputy from some rural county in GA to be able to defend themselves in New York than it is for me to be able to protect my children at the same location; and at the same time that same government says that the deputy has no responsiblity or duty to provide protection for the citizen.
 

superdutydave

New member
Navy Blues

I'm firm believer in national carry permit, though doubt will ever see one. That said the intention of the law passed was to allow certified law enforcement to have option to carry in all jurisdictions both for personal protection (do the job long enough and someone has it out for you) and to have the possibility of a LEO armed and available to protect all citizens should a felony be committed in their presence.

Not all of us are equally trained but on average it's better than the avg Joe and the vetting process is fairly extensive in most jurisdictions

That said I am still not 100% comfortable with protecting me fully to carry in certain states
 

wolf_fire

New member
Navy Blues

I'm firm believer in national carry permit, though doubt will ever see one. That said the intention of the law passed was to allow certified law enforcement to have option to carry in all jurisdictions both for personal protection (do the job long enough and someone has it out for you) and to have the possibility of a LEO armed and available to protect all citizens should a felony be committed in their presence.

Not all of us are equally trained but on average it's better than the avg Joe and the vetting process is fairly extensive in most jurisdictions

That said I am still not 100% comfortable with protecting me fully to carry in certain states

Anytime you are in the Pittsburgh area, please look me up. We'll see who is better trained, more qualified, however way you want to put it. But that really isn't the point.

The fact that a slice of America is granted the privilege of a right that all Americans should have is ghastly and repulsive. When you add to it that many of these folks jobs entailed brow beating those same Americans for trying to exercise their rights that they should have had in the first place!
 

Eidolon

Alter Kocker
Anytime you are in the Pittsburgh area, please look me up. We'll see who is better trained, more qualified, however way you want to put it.

As a reserve cop you wouldn’t be a fair comparison. Have him go against an average civilian
 

wolf_fire

New member
As a reserve cop you wouldn’t be a fair comparison. Have him go against an average civilian

The last time you brought my volunteer law enforcement status into question, you called me a "fake" cop. Hmmm, now it's different for some reason. I've only been doing it two years, superduty has been a cop since 2009, so I'd say he has much more experience than me.
 

Eidolon

Alter Kocker
The last time you brought my volunteer law enforcement status into question, you called me a "fake" cop. Hmmm, now it's different for some reason. I've only been doing it two years, superduty has been a cop since 2009, so I'd say he has much more experience than me.

I’m trying to be less abrasive. SDD said he was more qualified than the average Joe, you are not the average Joe.
 

wolf_fire

New member
I’m trying to be less abrasive. SDD said he was more qualified than the average Joe, you are not the average Joe.

Regardless, refer back to my original point:
Anytime you are in the Pittsburgh area, please look me up. We'll see who is better trained, more qualified, however way you want to put it. But that really isn't the point.

The fact that a slice of America is granted the privilege of a right that all Americans should have is ghastly and repulsive. When you add to it that many of these folks jobs entailed brow beating those same Americans for trying to exercise their rights that they should have had in the first place!

To help you out, I bold faced it.
 

superdutydave

New member
Ed

Avg Joe hasn't had any training whatsoever and if he owns a gun fires it maybe annually

I am a firm believer in 2nd amendment etc.

I'm just saying you can see where the logic came in for passing the law. I'm hopeful it could lead to a broader national carry law at some point

FYI other than just law enforcement training I also shot IPSC for 6 years and have a military background......I'm pretty good with a firearm Far better than avg Joe
 

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