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Thread: open carry w/lcfa + retired leo
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August 13th, 2010, 06:12 PM #1Junior Member
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open carry w/lcfa + retired leo
Hi everyone:
I am new to this forum and I have a LCFA in PA plus I am a retired LEO.
My question is, if I OC in PA am I in violation of LEOSA by not concealing?
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August 13th, 2010, 06:14 PM #2
Re: open carry w/lcfa + retired leo
No.. There is NO law stating that you must conceal the firearm - except in State Parks.
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August 13th, 2010, 06:23 PM #3
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August 13th, 2010, 06:27 PM #4Grand Member
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August 13th, 2010, 06:28 PM #5
Re: open carry w/lcfa + retired leo
In PA we have a LTCF, license to carry firearms. What is the LCFA you're referring to? Also, AFAIK with LEOSA you must follow the state laws of whichever state you are in. Meaning, you can carry and have a few beers at the bar or restaurant in PA, but if you're in a state like virginia, you cannot carry concealed and consume alcohol. If you're in a conference center in PA it's legal, but if you're in a conference center in NC you can't carry there because it's against NC state law.
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August 13th, 2010, 06:41 PM #6
Re: open carry w/lcfa + retired leo
jond, not to be a dick or anything but, being a retired LEO, which means you have been in the business for quite a few years, and I do respect LEO`s, maybe you could enlighten us a little.
Is the Law Enforcement community that clueless about firearm laws and constituional rights that a retired LEO has to ask a qustion like this on a public forum?
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August 13th, 2010, 06:52 PM #7
Re: open carry w/lcfa + retired leo
If you are invoking retired LEOSA (18 USC 926C) pre-emption then you must carry concealed.
But if you are carrying in compliance with state laws there is no need to claim that 926C pre-emption. Therefore the proviso that you carry CC, which 926C prescribes, is not applicable to your Pa carry.
If you travel into a state where a citizen normally can't carry (like NJ) then you would have to invoke 926C preemption but then you MUST also CC. Note: 926C does have restrictions on where it applies.
§ 926C. Carrying of concealed firearms by qualified retired 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 retired 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(c) As used in this section, the term “qualified retired law enforcement officer” means an individual who—
(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park
(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;
(2) before such retirement, was 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 had statutory powers of arrest;
(3)
(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or
(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;(4) has a nonforfeitable right to benefits under the retirement plan of the agency;
(5) during the most recent 12-month period, has met, at the expense of the individual, the State’s standards for training and qualification for active law enforcement officers to carry firearms;
(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(7) is not prohibited by Federal law from receiving a firearm.
<snip>Last edited by tl_3237; August 13th, 2010 at 07:23 PM.
IANAL
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August 13th, 2010, 08:53 PM #8Junior Member
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Re: open carry w/lcfa + retired leo
Sorry I was about as clear as mud. LTCF. I only recently retired from NJ.
I Have to qualify here in PA to conceal carry in the US. I often open carry
in my community and I expect sooner or later someone will call the State Police on the man with the gun me. Then I have a choice, Show them my LTCF or my retired ID and qualification card. One allows me to OC the other does not. If I were still active duty OCing off duty would be in violation of department policy. About six months ago I asked one of our range instructors once I retire how could I live in PA and qualify in NJ and he had no clue. So I found this forum and all the answers to my questions were here, but I haven't seen this one. So the question is am I in violation of anything while open OC in PA as a retied LEO?
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August 13th, 2010, 08:59 PM #9Grand Member
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Re: open carry w/lcfa + retired leo
No. You don't even need an LTCF to Open Carry (Except in Philly) in PA.
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August 13th, 2010, 09:02 PM #10
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