Pennsylvania Firearm Owners Association
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  1. #1
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    Default HR 218. What do you need?

    Can you qualify under HR 218 if you are a full time sworn police officer under act .235? I know the campus law enforcement officers of some colleges are sworn in at the magistrate but only have act 235. How about part time act 120 police officers and full or part time dep. sheriffs?

  2. #2
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    Default Re: HR 218. What do you need?

    Quote Originally Posted by FloridaState View Post
    Can you qualify under HR 218 if you are a full time sworn police officer under act .235? I know the campus law enforcement officers of some colleges are sworn in at the magistrate but only have act 235. How about part time act 120 police officers and full or part time dep. sheriffs?
    Police officers are governed by Act 120, not Act 235.

    Full and part-time police officers are covered under LEOSA. Sheriffs (except Allegheny County) are not covered under LEOSA.

  3. #3
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    Default Re: HR 218. What do you need?

    Municipal police officers are covered under 120 but state police and private police such as sworn in act 235 campus police are not 120.

  4. #4
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    Default Re: HR 218. What do you need?

    Quote Originally Posted by FloridaState View Post
    Municipal police officers are covered under 120 but state police and private police such as sworn in act 235 campus police are not 120.
    235 is for armed guards and private police(another term for guard), not the PSP. PSP training is variant of 120 that they developed themselves.

    To qualify for LEOSA you need to be a law enforcement officer with statutory power of arrest. To gain statutory power of arrest for an agency of you need to cert under 120, the PSP training, or the Constable equivalent. An exception for Allegheny County Sheriff's of course.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  5. #5
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    Default Re: HR 218. What do you need?

    Quote Originally Posted by FloridaState View Post
    Can you qualify under HR 218 if you are a full time sworn police officer under act .235? I know the campus law enforcement officers of some colleges are sworn in at the magistrate but only have act 235. How about part time act 120 police officers and full or part time dep. sheriffs?
    Those folks are also sworn in under another Act of PA law having no relation to 235 or 120.

    Give me a few minutes and I'll dig up that old Act. It only confers powers of arrest while on that corporate/community/business property and isn't a full power of arrest statewide like a true LEO has.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  6. #6
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    Default Re: HR 218. What do you need?

    Campus Police can be sworn in under the following for most colleges due to nonprofit status or as a corporation. They aren't a full officer with powers anywhere in the state, only in/on/upon the grounds of the corporation, or in the immediate vicinity of said grounds.


    22 Pa.C.S.A. § 501

    Title 22 Pa.C.S.A. Detectives and Private Police
    Chapter 5. Private Police
    Current Section§ 501. Appointment by nonprofit corporations


    (a) Appointment authorized.--Any nonprofit corporation, as defined in 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations) [FN1] maintaining a cemetery or any buildings or grounds open to the public, or organized for the prevention of cruelty to children or aged persons, or one or more of such purposes, may apply to the court of common pleas of the county of the registered office of the corporation for the appointment of such persons as the corporation may designate to act as policemen for the corporation. The court, upon such application, may by order appoint such persons, or as many of them as it may deem proper and necessary, to be such policemen.


    (b) Oath of office.--Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe the oath required by the sixth article of the Constitution of Pennsylvania. Such oath, together with the decree and order of the court, shall be recorded by the recorder of deeds of each county in which it is intended that such policemen shall act.


    (c) Powers.--Such policemen, so appointed, shall severally possess and exercise all the powers of a police officer in this Commonwealth, in and upon, and in the immediate and adjacent vicinity of, the property of the corporation. Policemen so appointed for a corporation organized for the prevention of cruelty to children or aged persons, or one or more of such purposes, shall severally possess and exercise all the powers of a police officer in any county in which they may be directed by the corporation to act, and are hereby authorized to arrest persons for the commission of any offense of cruelty to children or aged persons. The keepers of jails and other places of detention in any county of this Commonwealth shall receive all persons arrested by such policemen for purposes of detention until they are dealt with according to law. Every policeman appointed under this section, when on duty, shall wear a metallic shield with the words "special officer" and the name of the corporation for which appointed inscribed thereon.


    (d) Compensation.--The compensation of such policemen shall be paid by the corporation for which the policemen are appointed, as may be agreed upon between the corporation and such policemen.


    (e) Termination of appointment.--When any corporation shall no longer require the services of any policeman, it shall file a notice to that effect, under its corporate seal, in the office of each recorder of deeds where the court decree and order of appointment of such policeman were recorded. The recorder of deeds shall note this information upon the margin of the record where the court decree and order were recorded, and thereupon the powers of such policeman shall terminate. It shall be the duty of the recorder of deeds to notify the clerk of the court by which such policeman was appointed of the termination of such appointment in such county.

    CREDIT(S)

    1972, Nov. 15, P.L. 1063, No. 271, § 501, effective in 90 days. Amended 1990, Dec. 19, P.L. 834, No. 198, § 304, imd. effective; 2004, Nov. 30, P.L. 1603, No. 205, § 1, effective May 31, 2005.

    [FN1] 15 Pa.C.S.A. § 5101 et seq.


    HISTORICAL AND STATUTORY NOTES

    2001 Main Volume

    Prior Laws:
    1963, June 21, P.L. 173, § 1 (15 P.S. 7310).
    1933, May 5, P.L. 289, art. III, § 310.
    1913, July 22, P.L. 901, § 1 (10 P.S.§ 172).
    1885, June 25, P.L. 167, §§ 1 to 6 (10 P.S. §§ 171, 173 to 176).
    1879, June 11, P.L. 142, § 8 (11 P.S. § 22).

    Title of Act:

    An Act amending the act of November 25, 1970 (No. 230), entitled "An act codifying and compiling a part of the law of the Commonwealth," adding provisions relating to burial grounds, corporations, including corporations not-for-profit, educational institutions, private police, certain charitable or eleemosynary institutions, certain nonprofit insurers, service of process on certain nonresident persons, names, prescribing penalties and making repeals. 1971, Nov. 15, P.L. 1063, No. 271, eff. in 90 days.

    22 Pa.C.S.A. § 501, PA ST 22 Pa.C.S.A. § 501


    Current through Act 2010-22

    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

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