LEOSA Question

[fingers80002]

Do Co. prison guards fall under LEOSA?

[HiredGoon]

Do Co. prison guards fall under LEOSA?

They need, among other things, statutory powers of arrest, so I'd say no. They might however, get professional courtesy by LEOs on some things

SUMMARY of The Law Enforcement Officers Safety Act (LEOSA) of 2004

On July 22, 2004, the Law Enforcement Officers Safety Act (LEOSA) of 2004, also
commonly called “HR 218,” became law. (18 U.S.C. §§, 926B, 926C.) This federal law allows
“a qualified law enforcement officer” or “a qualified retired law enforcement officer” with
identification that meets specified criteria to carry a concealed firearm anywhere in the nation,
notwithstanding most other state and local laws which restrict the possession of concealed
weapons.

In order to be “a qualified law enforcement officer” under the LEOSA, a person must
meet the following requirements:

1.Be an employee of a governmental agency who 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;
2. Have the statutory powers of arrest;
3.Be authorized by the agency to carry a firearm;
4. Not be the subject of any disciplinary action by the agency;
5. Meet the standards, if any, established by the agency that require
employees to regularly qualify in the use of a firearm;
6. Not be under the influence of alcohol or any intoxicating or hallucinatory
drug;
7. Not be prohibited by federal law from possessing firearms;
8. Be carrying photographic identification issued by the governmental
agency identifying the individual as a law enforcement officer.
Regarding the requirement that the individual have the statutory power of arrest to be a
“qualified law enforcement officer,” California law allows “a peace officer” to make an arrest.
(Pen. Code, § 834.) Penal Code sections 830.1 through 832.6 specify the persons who are peace
officers and when and where they may use their authority. No one else is considered a peace
officer under California law. (Pen. Code, § 830.)

In order to be “a qualified retired law enforcement officer” under the LEOSA, a person
must meet the following criteria:

1. Be retired in good standing from service with a public agency as a law
enforcement officer for reasons other than mental instability;
2. Prior to 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;
3. Prior to retirement, had the statutory powers of arrest;
4. Prior to retirement, was either
(1) regularly employed as a law enforcement officer for an aggregate
of 15 years or more; or
(2 retired from service after completing any applicable probationary
period of such service, due to a service-connected disability, as
determined by the agency;
5. Has a nonforfeitable right to benefits under the retirement plan of the
agency;
6. Has met, within the past 12 months, the state’s standards for training and
qualification for active law enforcement officers to carry firearms;
7. Not be prohibited by federal law from possessing firearms;
8. Be carrying identification that meets specified criteria (see below).

In order to qualify as “identification” under the LEOSA, a credential that is carried by a
retired law enforcement officer must meet one of the following criteria:

1. A photographic identification issued by the agency from which the law
enforcement officer retired that indicates the retired law enforcement
officer has, not less recently than one year prior, been tested or otherwise
found by the agency to meet the standards established by the agency for
training and qualification for active law enforcement officers to carry a
firearm;
OR
2. A photographic identification issued by the agency from which the law
enforcement officer retired;
AND
A “certification issued by the State in which the individual resides that
indicates that the individual has, not less than one year [prior] . . . been
tested or otherwise found by the State to meet the standards established by
the State for training and qualification for active law enforcement officers
to carry a firearm of the same type as the concealed firearm.”

Both “qualified law enforcement officers” and “qualified retired law enforcement
officers” are required to meet the state’s standards for the “training and qualification for active
law enforcement officers to carry firearms” under the LEOSA. Penal Code Section 832.3 sets
forth the initial and continuing training and testing requirements for peace officers in California.
The specific curriculum for the training of peace officers is established by the California
Commission on Peace Officer Standards and Training (P.O.S.T.). However, current California
law does not set a statewide standard for the training and qualification of active law enforcement
officers after graduation from the academy.

Standards are established by individual law
enforcement agencies for both active and retired officers in those agencies.
The LEOSA has limits and exceptions. It does not apply to all firearms and weapons.
For example, it does not authorize either qualified law enforcement officers, or qualified retired
law enforcement officers, to carry any of the following: machineguns, silencers, or destructive
devices.

Likewise, the LEOSA does not supercede all state laws regarding the possession of
concealed firearms. The LEOSA states that it “shall not be construed to supercede or limit the
laws of any State that (1) allow private persons . . . 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.”

An individual who would like to know whether he or she qualifies as either a “qualified
law enforcement officer,” or a “qualified retired law enforcement officer,” should consult with
his or her employing agency and its legal counsel and may wish to obtain legal advice from an
attorney licensed to practice law in the state of California.
_

[fingers80002]

They need, among other things, statutory powers of arrest, so I'd say no. They might however, get professional courtesy by LEOs on some things

Ok, thanks.

I'll let him know.

[xd40_jim]

I asked that question a while ago and was told the same thing, No because we don't have powers to arrest outside of the prison walls.

[mjf]

I asked that question a while ago and was told the same thing, No because we don't have powers to arrest outside of the prison walls.

That's not quite why, having statutory powers of arrest within prison walls would probably be enough. The requirement is just having them, not having them everywhere. If your statutory powers of arrest were limited to your town, only on the third sunday of every month lasting from 1pm until 1:30pm, that would be enough, in theory.

[Steve in PA]

A police officer has statutory powers of arrest (for certain crimes) statewide, not just in his primary jurisdiction or when on duty. A CO does not. Big difference.

[rovert97]

AFAIK only Prison Wardens fall under it, not CO's, but thats if memory serves me right

[HiredGoon]

AFAIK only Prison Wardens fall under it, not CO's, but thats if memory serves me right

Actually you are confusing LEOSA with the PA Uniform Firearms Act which makes an exception for jail wardens to be required to hold a PA LTCF (relevant portion is below):

§6106. Firearms not to be carried without a license.

(a) Offense defined.*

(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

(b) Exceptions.-The provisions of subsection (a) shall not apply to:

(1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers

[chrisjames_71]

Do Co. prison guards fall under LEOSA?

Absolutely not and neither do State (in this state) COs

AFAIK only Prison Wardens fall under it, not CO's, but thats if memory serves me right

ummmm, no. And as goon has said

[Adam-12]

A police officer has statutory powers of arrest (for certain crimes) statewide, not just in his primary jurisdiction or when on duty. A CO does not. Big difference.

Big difference, but irrelevant for LEOSA, which doesn't specify any particular scope for these arrest powers. The issue is that we have to be talking about arrest, and it has to be a power granted by a statute. And then the other requirements must be met as well.