A LEOSA question...???

[#1cagekicker]

In order to carry across state lines under what was HR # 218 states: `(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;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(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.


Ultimately, here is my question: Are Correctional Officers (Federal, State or County) authorized to carry under the LEOSA? I'm having some difficulty with the "statutory powers of arrest" thing. Any insight will be much appreciated. Thanks!!!

[customloaded]

A bit off topic but were you in 166th Regt? 19D instructor?

[knight0334]

Originally Posted by #1cagekicker

In order to carry across state lines under what was HR # 218 states: `(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;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(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.


Ultimately, here is my question: Are Correctional Officers (Federal, State or County) authorized to carry under the LEOSA? I'm having some difficulty with the "statutory powers of arrest" thing. Any insight will be much appreciated. Thanks!!!

If its a PA Corrections, probably not.

It would depend on if that position of Correctional Officer is given powers of arrest by word of law - IE: statutory power of arrest. Most corrections in PA only have common law arrest, just like PA's Sheriffs, and any Joe Smo on the street.

[chrisjames_71]

Originally Posted by #1cagekicker

In order to carry across state lines under what was HR # 218 states: `(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;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(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.


Ultimately, here is my question: Are Correctional Officers (Federal, State or County) authorized to carry under the LEOSA? I'm having some difficulty with the "statutory powers of arrest" thing. Any insight will be much appreciated. Thanks!!!

For COs it depend on the state they reside in. PA State and County Cos are NOT covered under LEOSA (And this has been covered here many times). Federal CO (Bureau of Prisons) are covered.

[pks719]

New Jersey COs are covered and good to go

[ReconLdr]

Originally Posted by customloaded

A bit off topic but were you in 166th Regt? 19D instructor?

I am a 19D Instructor at the 166th Regt in Pa.

[largewhiteguy]

For starters, its great to see another CO on this forum!

I do know that NV CO's are covered under that HR. For a while that "powers of arrest" thing was considered a very gray area until a couple of our guys went to Sturgis armed. They were arrested and it was determined that they were fully within their rights and responsibilities to be armed and carrying concealed. As far as i am aware, (<-- disclaimer) the decision was made that we were allowed possession and concealed carry in ANY of the 50 states.

That being said, it still wouldn't be wise for me to go around one of the french states (new jersey, new york, ect) carrying concealed because the cops there think they are special and that their laws are better. i don't go there anyway.

[COBMT]

Did anyone attend the HR 218 seminar at the Essex County, NJ Police Academy? If so, was it any good? They have one scheduled for Aug 26, 2009 and I am wondering whether its worth going?