LEO Off Duty Carry
S

superdutydave

New member
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
 

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.
 
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
 
superdutydave said:
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
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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.
Click to expand...

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.
 
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.

Link Removed
 
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
 
superdutydave said:
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
Click to expand...



Only bummer is that it says you can't carry a machine gun.:angry:
 
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!
 
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.
 
g30sheepdog said:
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.
Click to expand...

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.
 
TheMan said:
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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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. :unsure:

Have you ever had any contact with L.E. while carrying our of state? If so, how did that go?
 
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.:laugh:
 
g30sheepdog said:
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. :unsure:

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

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.
 
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.
 
surfcc said:
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!
Click to expand...

Yes, we as Mass LEO's must posses a valid LTC class A. This is correct.
 
mk70ss said:
Yes, we as Mass LEO's must posses a valid LTC class A. This is correct.
Click to expand...

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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