LEOSA question...

[shefearsnothing]

So if traveling to PRO MD... my husband is obviously covered under LEOSA. I don't know the laws in MD though and how do they apply to LEOs? Meaning....private property etc. He would NOT OC so I don't know why it would be an issue but just wondering if anyone else here (maybe someone else covered under LEOSA) might know. TIA. (his employer just pretty much tried to skip right over that because they are not really a fan of their guys actually exercising their rights under LEOSA.... )

[customloaded]

If he is a full time sworn LEO he should be covered under HR 218. Federal Law allowing LEO's to carry anywhere in the US including retired.

[shefearsnothing]

So even if there is a sign posted outside some place in MD....he can still go in with it...he's still covered? I don't know what the sign laws are in MD so....also don't know how they apply to LEOs.

[HiredGoon]

SFN...IIRC hubby is a prison guard?

Has it definitely been determined that prison guards are covered under LEOSA?

I thought at one time some people thought that they were not. It concerned the "statutory powers of arrest" and "authorized to carry a gun on duty" wording I believe.

[gnbrotz]

So even if there is a sign posted outside some place in MD....he can still go in with it...he's still covered? I don't know what the sign laws are in MD so....also don't know how they apply to LEOs.

I don't know about signs in MD, but I DO know that LEOSA does not overrule private property rights. If someone claiming to be covered under LEOSA is asked to leave a business, they must do so. LEOSA provides no more "protection" in that situation than my LTCF provides me.

[shefearsnothing]

Thank you Greg. I wanted some clarification on that and I thought that may be the answer.

No, my husband is no longer a corrections officer. He did that for 8 1/2 years though so you're not remembering incorrectly...just not up to date on what he does now.

[knight0334]

When carrying under LEOSA in other states, he has to follow the same laws as one would if they were carrying under a CWP/LTCF/etc.

Pretty much the only difference between carrying under LEOSA in another state and our LTCF is: the feds made the states honor LEO's and certain retirees of other states, where as our LTCF's require state level agreements or statutory provisions.

Check the handgunlaw.us and the NRA site for MD's carry laws.

[shefearsnothing]

Thank you knight. I appreciate that. I would not normally intentionally go to PRO MD but since he can carry... He did just want complete clarification on it before doing so and like I said, his employer would just prefer not talk about it as they seem to prefer the guys just not exercise that privilage/right so I know he'd NEVER ask anyone from work for clarification. He is a laid back kind of guy so I don't think he'd have any problems but he would never want to do anything he wasn't supposed to be doing either. You know, ignorance of the law is no defense and he knows it. Thank you again.

[deputy]

SFN...IIRC hubby is a prison guard?

Has it definitely been determined that prison guards are covered under LEOSA?

I thought at one time some people thought that they were not. It concerned the "statutory powers of arrest" and "authorized to carry a gun on duty" wording I believe.

If you read the wording under HR218 it states:

This law applies to persons who meet the definition listed below of a "Qualified Law Enforcement Officer."

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.

This law does not give us Carte Blanche we still have to follow the States laws that we are visiting. Like NJ for instance most states allow Hollow Points but Jersey says we have to carry ball ammo only. So in nature we would have to carry ball ammo.

[tl_3237]

Here is the LEOSA restrictions:

TITLE 18 > PART I > CHAPTER 44 > § 926B
(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
(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.