HR 218 and trainee

[MiGuy]

First, thanks to everyone that takes their time to read and reply. I have a question that is out of more curiosity than for actual use because I don't plan on leaving out of state fairly soon. But.. To get to the point:

I am on Field Training with my department right now. While we are in Field Training, we are still under "Education and Training" and we don't actually get certified and graduate for a few more weeks until Field Training is over. Now, I am curious if I were to be covered under H.R. 218. If you read the text of it, it does not say anything about having to be certified. It says about having the authority to arrest and the Department allows you to carry off-duty. Well, I am authorized to carry off-duty and I've been making arrests for the past 6/7 weeks under my name and not my Field Trainers. So I was curious if that means I would technically be covered under H.R. 218.

The thing is, if I were to be covered, what would some of you do if I were to be driving through your state and you pull me over for some reason. I tell you I am an off-duty Police Officer and I do have a weapon on me. I show you my badge and my departmental ID, but it still says Police Trainee on it. How would you deal with it?

Again, I don't plan on leaving the state before I graduate, it is more curiosity. Would you even ask an off-duty cop for their I.D. or would the badge suffice for you?

Thank you again for those who read and reply!

[fedguy889]

In my eyes, you're good to go the day you were sworn in and issued your creds/weapon.

Stay safe

[DAL]

Whether you are certified makes no difference, as long as you are sworn, authorized to make arrests, and carry a firearm in the performance of your duties.

[SgtCHP]

Certification under HR 218 is by agency. If your COP or Sheriff is willing to sign off on you, then you are covered. If not, then you have to inquire from them why not.

For whom does HR 218 apply?

This law applies to persons who meet the definition listed below of a "Qualified Law Enforcement Officer."

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.

What kind of "Identification" is Necessary Under HR 218?

(d) The identification required by this subsection is the photographic identification [emphasis added] issued by the governmental agency for which the individual is employed as a law enforcement officer.

[DAL]

Certification under HR 218 is by agency. If your COP or Sheriff is willing to sign off on you, then you are covered. If not, then you have to inquire from them why not.

HR 218 does not state that your agency has to "certify" you. Identification cards for active personnel do not have to state that the officer has met firearms qualification standards. I have never seen an ID card that states that. You would not be working patrol if you had not met qualification standards.

Retired officers need certification that they have qualified within the last year, but that certification need not come for the officer's agency.

[ateamer]

Does your department policy allow you to carry off-duty when in training? No matter what the law says, you have to obey policy or your career could be through before it really starts.

[SgtCHP]

HR 218 does not state that your agency has to "certify" you. Identification cards for active personnel do not have to state that the officer has met firearms qualification standards. I have never seen an ID card that states that. You would not be working patrol if you had not met qualification standards.

Retired officers need certification that they have qualified within the last year, but that certification need not come for the officer's agency.

Read item #4 that I have emboldened in the post above yours, DAL. It specifically states: "...meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;..."

That quote is taken directly from HR 218, sir! By meeting the standards, you have been certified.

[PhilipCal]

First, thanks to everyone that takes their time to read and reply. I have a question that is out of more curiosity than for actual use because I don't plan on leaving out of state fairly soon. But.. To get to the point:

I am on Field Training with my department right now. While we are in Field Training, we are still under "Education and Training" and we don't actually get certified and graduate for a few more weeks until Field Training is over. Now, I am curious if I were to be covered under H.R. 218. If you read the text of it, it does not say anything about having to be certified. It says about having the authority to arrest and the Department allows you to carry off-duty. Well, I am authorized to carry off-duty and I've been making arrests for the past 6/7 weeks under my name and not my Field Trainers. So I was curious if that means I would technically be covered under H.R. 218.

The thing is, if I were to be covered, what would some of you do if I were to be driving through your state and you pull me over for some reason. I tell you I am an off-duty Police Officer and I do have a weapon on me. I show you my badge and my departmental ID, but it still says Police Trainee on it. How would you deal with it?

Again, I don't plan on leaving the state before I graduate, it is more curiosity. Would you even ask an off-duty cop for their I.D. or would the badge suffice for you?

Thank you again for those who read and reply!

My personal feeling is that you're covered, but that's merely my feeling. In the meantime, you should be governed by your agency's policy.

[G-MAN]

A buddy of mine got hired for a big city PD, his first day he got sworn in, given his badge, creds and gun.

Problem is he didn't even get certified and hadn't even shown up for the academy yet. Despite this he was still a police officer.

G-man
1*

[DAL]

Read item #4 that I have emboldened in the post above yours, DAL. It specifically states: "...meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;..."

That quote is taken directly from HR 218, sir! By meeting the standards, you have been certified.

That seems to be your definition of "certification." The term does not appear in 18 USC 926B (active), although it does appear in 18 USC 926C(d)(2), so by injecting the term you are creating confusion.

[MiGuy]

Again I thank you all for your replies and help. Again, it was more curiosity than anything else. And besides, it kind of helps so if I were to stop an off-duty LEO that is in the same situation I can better deal with it. To you all, be safe out there.