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  • Can of worms to be opened.

    Im prepared for the hate mail......


    All this talk about nationwide carry concealed is great and all. But how many of us really travel that much. Maybe im just not paid enough. lol. Well, I work in Calif. for DOA. And my question is.....how about just carring concealed in the state you work for. My currant dept. (as well as me) meets ALL the the req. under Calif. law and as I read it Fed. law. (even though my sop says we will not carry off duty) anyone have any comments on that? The only time I'd really go out of state is if the dept. sends, then I'll be on the clock and I dont have to worry about LEASO and if i meet req.'s. Well, im sorry to open this can of worms, but so far I havent seen anything on this site dealing with JUST the state you work in. Be safe!

  • #2
    I guess it depends on where you are located. I am in a state where you can go fifty miles in two different directions, and be in two different states, and where the state and locals are freqently going to those states on business and for personal reasons.

    But, all three of them were already pretty friendly and tolerant of each other's LEO's coming and going armed on business and pleasure, pre-HR218.

    The problem with HR218 is, for the most part, that the states that are fighting it are pretty much the only ones where carry by out of state officers was a problem before HR218.

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    • #3
      My take on this:

      From a statutory standpoint, you can CCW; but from a departmental policy standpoint, you can't CCW. Since your originating authority to carry a firearm is from your employer, he can limit the scope of that authority to carry a firearm.

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      • #4
        IF your agency and your status regarding statutory powers of arrest meets all the requirements of LEOSA, you cannot be prosecuted by any of the states or U.S. territories.

        However, Me_again is right. Your agency can lawfully limit the scope under which you may carry. And current DOA regs do not allow off-duty carry of firearms under the status of or using the identification documents of the Army (as you stated).

        Besides, there's this nagging issue about the lack of "statutory powers of arrest" for DoD agencies who are not civilian 1811 criminal investigators.

        There are a couple of DoD non-investigative agencies in the National Capitol Area that do have statutory powers of arrest. The vast majority of DoD/DoA/DoN/DoAF civilian police do not.

        I'd recommend checking the US Code to see whether your agency has statutory powers of arrest granted by federal statute, and get an official opinion from your SJA.

        Cover your butt. It's a lot cheaper than the alternative.

        Or get a state CCW permit.
        Politically Correct? No.

        Truthful? Yes!

        Comment


        • #5
          DOD Statutory Arrest Authority

          For your information.

          The following statutes apply:
          Pentagon Force Protection Agency police department - Title 10 USC
          section 2674.
          NSA Police - Title 50 section 402
          Defense Criminal Investigatiev Service - Title 10, Chapter 81,
          section 1585a.
          US Army Criminal Investigation Command - civilian agents only - Title
          10, chapter 373, section 4027.
          Naval Criminal Investigative Service - civilian agents only - Title
          10, Chapter 643, section 7480.
          Air Force Office of Special Investigations - civilian agents only -
          Title 10, section 9027

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          • #6
            Any thoughts of when this may change, or is DOA Police just a worthless career to be in, Police only on duty, no LE retirement, "second class" Leos. The more I work in the field the more I think on just going on to civilian Police. Arggggg.

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            • #7
              It depends where you are at. When I was still on active duty I worked with many DOD police. I was an AF SP. The general consensus was pretty much a glorified security guard unfortunately. Even though they would answer with us to the same calls that civilian police did. There were some areas where DOD police were given more support then others. I remember having one DA from that county tell us that if he ever heard of us doing anything off post he would prosecute them for impersonating a police officer. If you are looking for a true LEO experience, I would suggest going civilian. There are just fewer hassles that way.
              I can't believe I do this for free!

              Comment

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