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  • Federal Peace Officer Status?

    I just found out that most of the states do not give federal law enforcement officers peace officer status!

    States that do not give Feds peace officer status:
    Alabama. Arkansas, Connecticut, Hawaii, Idaho, Kansas, Kentucky, W. Virginia, Louisiana, Maine, Massachusetts. Minnesota, Nevada, NC, Wyoming, N. Dakota, Puerto Rico, Texas, Vermont, Virgin Islands, Washington.

    Only one state gives feds full peace officer status, Rode Island!!!


    These states are possible (Circumstantial) : California, Colorado, DC, Delaware, Georgia, Indiana, Iowa, Maryland, Michigan, Mississippi, Missouri, New Mexico, Ohio, Oklahoma, Oregon, S. Dakota, Tennessee, Wisconsin, and Wyoming.


    Arizona: The federal agent will submit a written request to sheriff of each county along with proof of federal certificate.


    So I ask what this all means? Does that mean I should not get involved at all while I am off duty?
    Last edited by INTHEAIRCOP; 12-07-2009, 07:31 PM.

  • #2
    This is one of those stupidly worded laws in our books (Texas). A federal agent like a border patrol agent technically if going by the law cannot carry concealed off duty in this state due to him or her not having peace officer status. I've pulled over border patrol agents who show their credentials and a concealed handgun license just in case. I think its dumb and if you have your creds as a federal agent you are on your way. But I know there is some guy out there that is so by the book that he'd enforce it. Thats as far as I've dug into it.

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    • #3
      That's a question I'd bounce off your FI/use of force staff and/or the agency attorneys most responsible for judging off-duty conduct.

      BTW, you listed 21 states there; 21 out of 50 is not most of them. While I'm nitpicking...Kentucky, W. Virginia, Louisiana, Massachusetts, and Minnesota are all misspelled.

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      • #4
        Throw GA in there as well. RI is probably the only state. My agency is working to certify all DA Civilian Police to gain the Peace Officer status. Who knows how long it will take.

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        • #5
          Virginia provides MOST federal officers and agents with pretty much full 'conservator of the peace' status.

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          • #6
            huh, I was under the impression that 1811's were 24/7 carry

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            • #7
              Not necessarily. Also, each agency has their own policies on top of other laws and regulations.

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              • #8
                Originally posted by 1811orBust View Post
                Not necessarily. Also, each agency has their own policies on top of other laws and regulations.
                learn something new every day

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                • #9
                  It is my understanding that there is a difference between "peace officer status" & 24/7 carry. As a future IRS SA I am authorized 24/7 carry, but in the state of Washington I am not a peace officer. So I can not open carry within the state. It must stay concealed. I have the same rights as anyone with a concealed weapons permit.

                  I am authorized to enforce the statues charted to my agency (Title 18, 26, & 31). I do not have a legal standing to enforce State law like a peace officer. I can make a citizen arrest if I see an individual committing a felony in front of me, as any citizen can.

                  When I arrest someone it will be with an arrest warrant. Many, Many warning in my Investigations manual about making unwarranted arrest.
                  "From now until the end of the world, we and it shall be remembered. We few, we Band of Brothers. For he who sheds his blood with me shall be my brother." - William Shakespeare ("King Henry V")

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                  • #10
                    Even if you have "peace officer" status in your state, don't forget who's signing your paycheck. Ultimately, you'd best be dancing to the tune that your agency plays with regards to off-duty conduct and law enforcement.

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                    • #11
                      Originally posted by janego10 View Post
                      This is one of those stupidly worded laws in our books (Texas). A federal agent like a border patrol agent technically if going by the law cannot carry concealed off duty in this state due to him or her not having peace officer status. I've pulled over border patrol agents who show their credentials and a concealed handgun license just in case. I think its dumb and if you have your creds as a federal agent you are on your way. But I know there is some guy out there that is so by the book that he'd enforce it. Thats as far as I've dug into it.
                      Ridiculous! Are you sure? Can't Feds carry concealed anywhere in the country (ie their jurisdiction)??

                      Now peace officer status is a total different can of worms...

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                      • #12
                        Originally posted by LochRaven View Post
                        Virginia provides MOST federal officers and agents with pretty much full 'conservator of the peace' status.
                        Of course, VA doesn't define what a "conservator of the peace" is, just list agencies that qualify. Some federal agencies, as a result, interpret that their agents can't serve state arrest warrants because there's no specific spelling-out of this authority in the conservator of the peace statute.
                        sigpic

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                        • #13
                          "Can't Feds carry concealed anywhere in the country (ie their jurisdiction)??"

                          This will depend upon the agency. Some agencies restrict what their officers/agents can do in regards to carrying concealed while off duty, some do not. In the end, it is agency specific.
                          sigpicTwo is one,
                          one is none.

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                          • #14
                            Repetitive of Twoisone above. Mods, feel free to delete.

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                            • #15
                              Originally posted by swotivated View Post
                              Ridiculous! Are you sure? Can't Feds carry concealed anywhere in the country (ie their jurisdiction)??

                              Now peace officer status is a total different can of worms...
                              This is the way it was explained to me. I've asked around and have never gotten a straight answer. In the academy during this part of the code of criminal procedure we were told the feds like border patrol were special investigators and weren't supposed to carry off duty. My Lieutenant says they can carry wherever the hell they want. A fellow officer who is former Border Patrol stated that they pounded this into their heads about off duty carry in the academy. I've never gotten a straight, by the book answer.

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