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Adult Probation Officer Help Needed - LEOSA/HR 218 (Sworn Illinois County P.O.)

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  • Adult Probation Officer Help Needed - LEOSA/HR 218 (Sworn Illinois County P.O.)

    *****Deleted
    Last edited by VidaG; 10-17-2017, 10:18 AM.

  • #2
    From what I read in your post, if your agency does not authorize you to carry a firearm in the course and scope of employment, you don't meet the minimum standards to carry under LEOSA.

    Here is the text of Title 18, Chapter 44 United States Code:

    §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 or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

    (2) is authorized by the agency to carry a firearm;

    (3) is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

    (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 that identifies the employee as a police officer or law enforcement officer of the agency.

    (e) As used in this section, the term "firearm"-

    (1) except as provided in this subsection, has the same meaning as in section 921 of this title;

    (2) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and

    (3) does not include-

    (A) any machinegun (as defined in section 5845 of the National Firearms Act);

    (B) any firearm silencer (as defined in section 921 of this title); and

    (C) any destructive device (as defined in section 921 of this title).

    (f) For the purposes of this section, a law enforcement officer of the Amtrak Police Department, a law enforcement officer of the Federal Reserve, or a law enforcement or police officer of the executive branch of the Federal Government qualifies as 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, and has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice).

    http://uscode.house.gov/view.xhtml?r...edition=prelim
    Last edited by chiefjack; 03-20-2015, 07:02 PM.
    My comments are my personal opinion and are based on my life experiences and training. They are not to be construed as legal advice in any form as I am not an attorney. Should you act on any of the information I provide in my comments, you do so at your own risk!!

    Comment


    • #3
      This came up before with a P.O. on this site. From what I understand is, first your agency has to authorize you for CCW. The second part is that they need to comply with HR218 and qualify you in a manner consistent with HR218. My CCW card/retired ID states "HR218 certified".

      Comment


      • #4
        Deputy Probation Officer here in rural Nor Cal. Armed department with a very law enforcement oriented Chief...thank God. We carry on and off-duty (couldn't pay me enough to do what we do unarmed)...then again, in our small, rural county we (Probation) work very closely with our S.O. and local P.D.s. In the field every day, side by side (the way it should be). We too have full powers of arrest...probationer or not. As far as HR 218 we have been told that our agency creds cover any questions as our I.D.s next to our flat badge state we are authorized to carry firearms.

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        • #5
          Most of our guys/gals carry off duty in my dept. including myself. All armed officers and qualify quarterly. Very law enforcement-oriented department, much like jdlong's.

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          • #6
            OP isn't in Ca. Why ask..?

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            • #7
              Originally posted by CCCSD View Post
              OP isn't in Ca. Why ask..?
              LEOSA is a Federal Law, not CA specific so his question is a valid one IMHO.
              My comments are my personal opinion and are based on my life experiences and training. They are not to be construed as legal advice in any form as I am not an attorney. Should you act on any of the information I provide in my comments, you do so at your own risk!!

              Comment


              • #8
                Not really, he's not living/working in Ca, so why ask? It doesn't concern him.

                Comment


                • #9
                  Originally posted by CCCSD View Post
                  Not really, he's not living/working in Ca, so why ask? It doesn't concern him.
                  I don't understand your point. The OP was asking about a Federal Law (LEOSA) and cited CA as a state that seemed to have addressed the law and it did not seem like he was stating anything about living/working in CA.
                  My comments are my personal opinion and are based on my life experiences and training. They are not to be construed as legal advice in any form as I am not an attorney. Should you act on any of the information I provide in my comments, you do so at your own risk!!

                  Comment

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