Do MD LEO's apply to PA law?

[XUSNORDY]

Perhaps we have some Maryland LEOs that live in PA who can provide some information.

Last Sept I moved from MD to PA. My wife is LEO in MD. She was advised to obtain a PA License to carry since she now drives across the state line. She asked others in her dpt. that live in PA., and they all responded that she needs to do it. Not a big deal or problem to us....but I'm curious....she always carries in her duty holster, even when wearing Dept t-shirt/polo and tactical pants, 95% of time she is in uniform. She has no concealed back-up weapon. So, wouldn't this be Open Carry anyhow?

Gnbrotz, HeavyD and myself discussed this at lunch today (two great guys by the way). Gnbrotz did some research on the laws (thanks again Greg), but they were a bit grey concerning this.

My wife is going to ask her Captain for specifics. It was her unit sgt that advised her, but had no answer or reason.

I'd be interested in others opinions, or experience.

[PisnNapalm]

Unless she plans to walk to work, she needs a LTCF to be able to drive with her gun in a holster on her hip.

Right?

[Rule10b5]

Perhaps we have some Maryland LEOs that live in PA who can provide some information.

Last Sept I moved from MD to PA. My wife is LEO in MD. She was advised to obtain a PA License to carry since she now drives across the state line. She asked others in her dpt. that live in PA., and they all responded that she needs to do it. Not a big deal or problem to us....but I'm curious....she always carries in her duty holster, even when wearing Dept t-shirt/polo and tactical pants, 95% of time she is in uniform. She has no concealed back-up weapon. So, wouldn't this be Open Carry anyhow?

Gnbrotz, HeavyD and myself discussed this at lunch today (two great guys by the way). Gnbrotz did some research on the laws (thanks again Greg), but they were a bit grey concerning this.

My wife is going to ask her Captain for specifics. It was her unit sgt that advised her, but had no answer or reason.

I'd be interested in others opinions, or experience.

What kind of LEO are we talking?

If she's police, and she's actively employed, then she's legal to carry concealed in PA under 18 U.S.C. 926B, which is the federal preclusion statute -- the Law Enforcement Officers Safety Act.

EDIT TO ADD:

Here are the criteria for her being covered by LEOSA (and thus not required to have a LTCF in PA to carry concealed):

She must: (i) be "an employee of a governmental agency"; (ii) be "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"; (iii) have "statutory powers of arrest"; (iv) be "authorized by the agency to carry a firearm"; (v) "not (be) the subject of any disciplinary action by the agency"; (vi) "meet() (the) standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm"; and (vii) "not (be) prohibited by Federal law from receiving a firearm."

No carry while drinking, and she can't carry on private property if the owner tells her to leave, or on state/local govt property if precluded by state/local law.

So, basically, if she's a cop, she's covered, if she's something like a prison guard (where she wouldn't have arrest powers or be allowed to carry a firearm off duty as a matter of right due to her job) she won't be covered.

[Rule10b5]

Unless she plans to walk to work, she needs a LTCF to be able to drive with her gun in a holster on her hip.

Right?

Not if she's LEOSA covered. Then she's fine.

But if she's not covered by LEOSA, then yeah, she can't carry in the car in PA unless she has a LTCF (or the gun is unloaded and inaccessible or locked up).

[PisnNapalm]

Not if she's LEOSA covered. Then she's fine.

But if she's not covered by LEOSA, then yeah, she can't carry in the car in PA unless she has a LTCF (or the gun is unloaded and inaccessible or locked up).

Sheesh... just when I think I start to have a handle on the the laws.... there's always another one for me to try and learn.

[Rule10b5]

Sheesh... just when I think I start to have a handle on the the laws.... there's always another one for me to try and learn.

Don't worry about it -- it's a big world (legally).

For what it's worth, LEOSA is really, really unconstitutional -- but nobody has sued because it's for the police.

If Congress passed the same law to apply to concealed carry for non-police, it'd be challenged in court and invalidated in a second.

[XUSNORDY]

What kind of LEO are we talking?

If she's police, and she's actively employed, then she's legal to carry concealed in PA under 18 U.S.C. 926B, which is the federal preclusion statute -- the Law Enforcement Officers Safety Act.

Sheriffs Deputy. She is a Corporal currently assigned to the Courthouse Security Unit.

[Rule10b5]

Sheriffs Deputy. She is a Corporal currently assigned to the Courthouse Security Unit.

I don't know her powers/authority/etc., so I'm not going to give you a definitive answer. Tell her to look at the list. Tell her to talk to her Captain, and specifically reference LEOSA.

And even if she weren't, have you ever met a LEO that wouldn't look the other way for an out of jurisdiction officer carrying? It's de rigueur.

[XUSNORDY]

I don't know her powers/authority/etc., so I'm not going to give you a definitive answer. Tell her to look at the list. Tell her to talk to her Captain, and specifically reference LEOSA.

And even if she weren't, have you ever met a LEO that wouldn't look the other way for an out of jurisdiction officer carrying? It's de rigueur.

Thanks for the info. She's addressing this with her Captain in the morning. She is VERY by the book......and it would kill her to find out she was in violation of something. Some LEO's look the other way on stuff (mostly I benefit from it though LOL)...but there are those few extremely green small town types fresh from "whatever" academy that would want to make a point the hard way. She won't take the chance of that happening....trust me.

[Brown-Bear]

I know this is a crappy situation, with no real claer answer. But it may just be aesier to get a LTCF. I say this because I have not heard good things about Pa LEO's and offering "professional courtesy" to out of state LEO's.

BB