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  • Originally posted by TPA3312 View Post
    I'm curious to way you retained a lawyer. Usually a well written NOPA with supporting documents (criminal history and arrest report) is enough to overcome a unsuitable decision. The lawyer may be a waste of money and only needed if your NOPA is denied.
    Two reasons really. Number one, I live in Michigan and the job prospects here are abysmal. I really need this job and thought of a lawyer as an investment, not a waste of money. "Usually..." was the key word that you used. I have bad luck, so if someone is going to be on the losing 2% of any statistic, I'm it. I wanted to be as sure as I could be and give myself any advantages that I could.

    But more importantly, my sister-in-law is a paralegal and her firm does pro bono work for employees and their families, so it was free

    My other issue relates to what you said about arrest reports and criminal history. My BI already looked at every document pertaining to my actual charge and conviction. He took detailed notes on them. But I have nothing in the form of documents to prove that I didn't do something. I assume that issue must be dealt with in the form of affidavits and character witnesses and the like. I want that to be done right, and I have zero experience with that sort of thing.

    Comment


    • Originally posted by DirtStyx View Post
      Two reasons really. Number one, I live in Michigan and the job prospects here are abysmal. I really need this job and thought of a lawyer as an investment, not a waste of money. "Usually..." was the key word that you used. I have bad luck, so if someone is going to be on the losing 2% of any statistic, I'm it. I wanted to be as sure as I could be and give myself any advantages that I could.

      But more importantly, my sister-in-law is a paralegal and her firm does pro bono work for employees and their families, so it was free

      My other issue relates to what you said about arrest reports and criminal history. My BI already looked at every document pertaining to my actual charge and conviction. He took detailed notes on them. But I have nothing in the form of documents to prove that I didn't do something. I assume that issue must be dealt with in the form of affidavits and character witnesses and the like. I want that to be done right, and I have zero experience with that sort of thing.
      You can obtain your supporting documentation yourself in the meantime, get a criminal history report that shows what you discussed with the Investigator up to the present. You can also take your brother in-law into the firm to get a sworn statement/ affidavit from him stating that HE was mistaken and gave the wrong information to the investigator. Those two documents with a well written letter will clear the misunderstanding. You need to get a move on, cause lawyers love to take their time, and you only have 30 days from when the NOPA was sent out to send in your response... especially when it is "FREE" representation/council...
      You can do this and have the lawyer look it over for assurance.
      Good Luck, I'm pretty sure you'll beat it...
      GET TO IT!
      CBPO
      Written: 08/29/2007
      EOD: July 11, 2011

      Comment


      • Originally posted by merlin436 View Post
        Tricky question.

        H.R.218(more correctly known as the Law Enforcement Officers Safety Act (LEOSA), was signed into law on July 22, 2004. The position, GS-1895 Customs and Border Protection Officer, came into existence on July 25, 2004.

        So, one answer is no.

        As a practical matter, legacy Customs Inspectors had off-duty carry privileges since roughly 2000. Legacy Immigration Inspectors had off-duty carry privileges starting even sooner.

        I'm of a mind that LEOSA really does little for CBPO's, outside of protecting them from state/local gun charges. Ultimately, we're still all answerable to CBP policy...just as we were before LEOSA.
        LEOSA fully covers CBPO's, like it does for any LEO. The courts have spoken and they said yes. There's no place in there that says your job must have existed prior to signing. For Christ's sake, the BOP gets full coverage including help from their management. If a Cage Kicker gets LEOSA coverage, then we do, period.

        Remember, the LEOSA is a replacement for state CCW's. This will allow a LEO that meets the basic criteria to carry a personally owned firearm anywhere in the country. CBP can't say crap about it if your within the law. If your carrying your g gun, then yes, you are within policy and must follow it. CBP likes to spread propaganda that only their policy works and a federal law passed by congress doesn't apply to you. Don't believe it, do your own research.
        Last edited by robeans; 06-11-2009, 12:35 PM.

        Comment


        • Yoda,

          You're an amazing class act! Thank you for the support and advice. As always, I'm pulling for you and think of your situation often. Good luck and keep rollin' with the punches. This forum is a valuable place because of you.

          Comment


          • just another guy in tsu giving his info.. just passing it along for all to see and read...

            "I called the TSU today and asked the person whether there was any hiring freeze in place ? I also asked him if it was true that they would not be making any calls for another 4-6 months ? He said that they made calls to 10 CBPO applicants yesterday and that there was no truth to these rumors. He said that he also heard on a website that someone sighted a UFO which does not necessarily mean is true...So he asked me not to pay any attention to such claims.

            Finally he said that they were waiting for the Headquarter to release funding for the new fiscal year which he said would take another 1-2 weeks when the hiring process would start to pick up.
            CBPO

            Comment


            • Originally posted by yoda View Post
              You can obtain your supporting documentation yourself in the meantime, get a criminal history report that shows what you discussed with the Investigator up to the present. You can also take your brother in-law into the firm to get a sworn statement/ affidavit from him stating that HE was mistaken and gave the wrong information to the investigator. Those two documents with a well written letter will clear the misunderstanding. You need to get a move on, cause lawyers love to take their time, and you only have 30 days from when the NOPA was sent out to send in your response... especially when it is "FREE" representation/council...
              You can do this and have the lawyer look it over for assurance.
              Good Luck, I'm pretty sure you'll beat it...
              GET TO IT!
              I second that as well.

              What I did when I responded to my NOPA, I was very descriptive in everything that i was trying to explain. For example, my BI was told by a person at my old job that I was terminated for being late to work. That was false, and I explained in great detail what actually happened was an employee under my supervision made a mistake on a live game (at a casino). I reported the mistake, thinking I was covering our butts, but the dealer got suspended and I got canned, and there wasn't even any money lost by the casino! Then I provided paperwork from my employee file that I had to go and get myself from my old employer. Then I made sure to state what page to refer to regarding whatever point i was trying to make, and I even highlighted certain things. I even used key words like honesty, character, and integrity to emphasize that I wasn't the person that was reported by whoever the hater was at my old job.

              It's scary how you can be deemed unsuitable for employment just because someone had something negative to say about you, and it's up to you to take the necessary steps to be able to prove otherwise.

              Good luck to you.
              Last edited by CMUnupe; 06-11-2009, 01:02 PM.
              Written Test: 3/08
              NOR: 4/08
              TO: 4/08
              Medical: 4/08
              Fitness: 6/08
              VBT: 6/08
              Met with investigator: 10/08
              Received NOPA: 11/08
              Won appeal: 3/09
              TSU: 4/23/09 (Michigan) pulled in May for fitness
              New fitness: 7/28/09
              Back in TSU: 8/3/09

              Comment


              • I don't think there's a question that CBPOs fall under LEOSA. So? What does being under LEOSA today give a CBPO that he did not have before the law was passed?...my answer, not much.

                We already had 24/7 365 carry virtually everywhere in the US, unlike state/local LEO's. Yes, arguably LEOSA replaces the need for a state CCW. That's all it was intended to do though; it allows a qualified LEO to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions. It protects no one from federal law...or from agency policies.

                Carry under LEOSA and ultimately you're carrying on your CBP credentials. Carry under your CBP credentials and ultimately you're carrying under CBP policies. Will CBP jam someone up for carrying under LEOSA but not under CBP policies?...maybe, maybe not. They sure as heck can though, IMO.

                Comment


                • Originally posted by anthony30 View Post
                  just another guy in tsu giving his info.. just passing it along for all to see and read...

                  "I called the TSU today and asked the person whether there was any hiring freeze in place ? I also asked him if it was true that they would not be making any calls for another 4-6 months ? He said that they made calls to 10 CBPO applicants yesterday and that there was no truth to these rumors. He said that he also heard on a website that someone sighted a UFO which does not necessarily mean is true...So he asked me not to pay any attention to such claims.

                  Finally he said that they were waiting for the Headquarter to release funding for the new fiscal year which he said would take another 1-2 weeks when the hiring process would start to pick up.
                  That's good news. I really hope it's true. I am the guy who posted "no calls for 4-6 months" because that is what the person from TSU told me when I called them. (I called Monday June 8) How quickly things change. It all depends who answers the phone. The answers are never consistent. I hope the answer you got was right.
                  Day 70 in TSU.

                  Comment


                  • Originally posted by merlin436 View Post
                    I don't think there's a question that CBPOs fall under LEOSA. So? What does being under LEOSA today give a CBPO that he did not have before the law was passed?...my answer, not much.

                    We already had 24/7 365 carry virtually everywhere in the US, unlike state/local LEO's. Yes, arguably LEOSA replaces the need for a state CCW. That's all it was intended to do though; it allows a qualified LEO to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions. It protects no one from federal law...or from agency policies.

                    Carry under LEOSA and ultimately you're carrying on your CBP credentials. Carry under your CBP credentials and ultimately you're carrying under CBP policies. Will CBP jam someone up for carrying under LEOSA but not under CBP policies?...maybe, maybe not. They sure as heck can though, IMO.
                    I think the big thing is that I want to be able to carry my personally owned firearms being covered under federal law instead of my g gun and CBP's policy.

                    I just can't stand the 24 hour carry policy. It's friggin ridiculous. If that were to be re written I probably wouldn't be so adamant about carrying my own gun. I mean if I'm walking through a park and I see a deranged husband stabbing his wife to death, I'm probably going to shoot him. If I'm using my g gun then I'm out of policy and I'd get burned by management. I guess that's were my beef is.

                    Have you heard when the new UOF policy is actually coming out? I hear a lot of stuff is changing, but when I did my annual UOF the other day nobody knew anything about it.

                    Comment


                    • LEOSA, at least as it applies to current LEO's. In case anyone is interested.

                      TITLE 18 > PART I > CHAPTER 44 > § 926B

                      § 926B. Carrying of concealed firearms by qualified 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 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
                      (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
                      (c) As used in this section, the term “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.
                      (d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.
                      (e) As used in this section, the term “firearm” does not include—
                      (1) any machinegun (as defined in section 5845 of the National Firearms Act);
                      (2) any firearm silencer (as defined in section 921 of this title); and
                      (3) any destructive device (as defined in section 921 of this title).

                      Comment


                      • i agree.. i enjoy reading the post and other info on here while i wait in tsu. i think your right when you say it all depends on the person who answers the phones. yeah i think we all hope its right. until then we will sit here and wait... i just wanted to share anything i hear to everyone.. im not saying im right or the info that is given to me should be counted on by all means...good luck everyone on the lovely wait.. peace
                        CBPO

                        Comment


                        • Originally posted by robeans View Post
                          I think the big thing is that I want to be able to carry my personally owned firearms being covered under federal law instead of my g gun and CBP's policy.

                          I just can't stand the 24 hour carry policy. It's friggin ridiculous. If that were to be re written I probably wouldn't be so adamant about carrying my own gun. I mean if I'm walking through a park and I see a deranged husband stabbing his wife to death, I'm probably going to shoot him. If I'm using my g gun then I'm out of policy and I'd get burned by management. I guess that's were my beef is.

                          Have you heard when the new UOF policy is actually coming out? I hear a lot of stuff is changing, but when I did my annual UOF the other day nobody knew anything about it.
                          I hear you...and I agree. I just don't think LEOSA is the magical talisman that chases that monkey off our backs.

                          The new firearms policy was sent out for review to the unions last May. Since then I've heard very little. Supposedly the new OFO policy essentially mirrors the current BP policy.

                          Comment


                          • So if you receive a NOPA, in the letter it will illustrate why you are found unsuitable? I am expecting to get a NOPA just because I used to work with ppl that love to gossip & don't know what they're talking about.
                            Written: 12-11-08
                            Medical: 3-28-09 Pending
                            B.I.: 5-21-09 pending

                            Comment


                            • Originally posted by UofU76 View Post
                              Day 70 in TSU.
                              Same here brother, same here.
                              ICE IEA Philadelphia FO (Dingmans Ferry, PA)
                              Written: 5/15/08
                              NOR: 5/20/08
                              TO: 10/28/08
                              Medical/Drug Test: Cleared from CBP
                              Fitness: 2/02/09
                              BI: 3/15/09
                              OB: 4/24
                              EOD: 7/27
                              FLETC: 7/29 (Class 928)


                              CBPO Pennsylvania
                              Written: 3/15/08
                              NOR: 4/2/08
                              TO: 5/22/08
                              Pre-Emp Forms: 6/2/08
                              Fitness/Medical: 6/18/08
                              VBT: 6/30/08
                              Drug Test: 7/10/08
                              Quals: (GS-7) 7/23/08
                              Met w/ BI: 9/24/08
                              BI submitted: 10/10/08
                              TSU: 4/2/09
                              Removed from TSU (med/fit): 6/4
                              EOD:

                              Comment


                              • Originally posted by CBPhOpeful View Post
                                So if you receive a NOPA, in the letter it will illustrate why you are found unsuitable? I am expecting to get a NOPA just because I used to work with ppl that love to gossip & don't know what they're talking about.
                                First, yes it will describe exactly what IA wants you to discuss. Second, if the BI is worth a crap he won't just take some random gossip and send that up, then I'm pretty sure IA won't use random gossip to find you unsuitable. IA will use facts that can be backed up by what is found in the BI or what you put in the SF86.

                                Comment

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