Ad JS

Collapse

Leaderboard

Collapse

Leaderboard Tablet

Collapse

Announcement

Collapse
No announcement yet.

HR 218 and Reserves?

Collapse

300x250 Mobile

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • HR 218 and Reserves?

    Does this authorize active off duty reserve police officers to carry concealed?

    If so, what steps should the reserves take to assure they do not run into any sort of issue with on duty officers?

    Thanks

  • #2
    No. Read the legislation.
    It is not the critic who counts...

    Comment


    • #3
      Tennessee Attorney General Opinion 05-029 dictates that Reserves and Part Timers are covered in the Act as "qualified law enforcement officers." However, you should check with whatever department you are working for/asking about to determine if they allow their reserves to carry, which seems to be the main determining factor.

      As to the legislation the above poster is speaking of, I'm not sure... maybe TN is just bass-ackwards.

      Comment


      • #4
        No. Read the legislation.
        Nice answer, care to ellaborate? I've read the legislation and I have to say that I can't pick out anything in particular that says I can't.

        I'm a sworn Reserve Deputy Marshal and I am a Court Officer full-time for my Sheriff's Department. Between the two don't I have enough to carry?
        AJ Clapp

        www.fallenofficermemorial9c1.org

        Comment


        • #5
          I'm a reserve in my dept, but my commission simply says "Deputy Sheriff". the only difference b/t me and a full time deputy is I volunteer my time. On and off duty we all have the same rights, privileges, and responsibilities, including carrying a weapon

          Comment


          • #6
            My understanding is if you are sworn LE personnel and your department allows you to carry off-duty, you are covered. I hope so -- I'm a PT officer, I'm carrying right now and I'm not in my home state.
            Caution and worry never accomplished anything.

            Comment


            • #7
              HR218 and Reserves

              I think a lot of the answer is going to depend on the status an individual agency accords it's reserves. Many reserve officers are fully certified peace officers, having met all the requirements of their state and department. In some agencies, reserves are only empowered when working, and with a regular officer. My guess is that these Officers wouldn't be covered under HR218. Understand, that's only my guess, very subject to being wrong. I would suggest any reserve officer check with his/her agency for clarification on this issue.

              Comment


              • #8
                It has nothing to due with a departments policy on off duty carry, the whole point of the law was to allow cops to carry that otherwise would not be able to.

                If you are:

                (1) 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[probably the most important factor];

                You should be as a reserve LEO.

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

                AT ANY TIME. (edited to add: I mean if there is any time you ARE authorized, not that you are authorized at all times)

                `(3) is not the subject of any disciplinary action by the agency;

                Should not apply.

                `(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

                ditto

                `(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

                Obvious.

                `(6) is not prohibited by Federal law from receiving a firearm.

                If you are not a felon or domestic abuser you should be fine.

                I am a reserve military LEO and HR 218 applies to me, and the State AG of AZ and CA agree. Of course you could run into a fellow cop with who does not agree and of course any arrest for any reason hurts you LE career. Believe it or not some cops will consider you "less" of a cop because you are not the same type of LE they are.
                Last edited by MPSRT; 06-15-2006, 05:35 AM. Reason: to clairify

                Comment


                • #9
                  I don't mean this as a slam of all reserves/aux/part-timers, but the the law SHOULD authorize ONLY full time paid officers. My problem is with the concept

                  The whole "reserve/aux/part-time" thing reminds me of when Andy had some temporary crisis in Mayberry and deputized Gomer, Goober, Floyd, Howard Sprague and even OTIS.

                  Police work is serious business and if someone wants to call themselves a "police officer", they should commit themselves to the PROFESSION full time and not treat it as a hobby

                  Comment


                  • #10
                    What you really mean is only guys who have been thru "basic" or full academy. Like, I'm a full time court officer, like a special deputy, and I am a Reserve Deputy Marshal. So, since I'm full-time you don't care?
                    AJ Clapp

                    www.fallenofficermemorial9c1.org

                    Comment


                    • #11
                      Originally posted by Guitar Cop
                      I don't mean this as a slam of all reserves/aux/part-timers, but the the law SHOULD authorize ONLY full time paid officers. My problem is with the concept

                      The whole "reserve/aux/part-time" thing reminds me of when Andy had some temporary crisis in Mayberry and deputized Gomer, Goober, Floyd, Howard Sprague and even OTIS.

                      Police work is serious business and if someone wants to call themselves a "police officer", they should commit themselves to the PROFESSION full time and not treat it as a hobby
                      I was fulltime for years before entering the reserves to persue another career, bottom line is if they are qualified to work on their own, make arrests, and carry a firearm, they are cops and they have the right to carry, even if they only do it a few days a month. Are you going to arrest a fellow LEO for CCW because he is only part time? A part time LEO in Los Angeles probably knows a hell of a lot more about working the street than many full time officers in other areas. Whatever you think the law "should" be, we have to enforce it as it is.
                      Last edited by MPSRT; 06-15-2006, 09:52 AM.

                      Comment


                      • #12
                        Originally posted by kadetklapp
                        What you really mean is only guys who have been thru "basic" or full academy. Like, I'm a full time court officer, like a special deputy, and I am a Reserve Deputy Marshal. So, since I'm full-time you don't care?
                        Although academy training is important, I think it is the FULL time 40+ hrs a week of experience that makes me confortable that an off duty cop will make the right decisions while off duty with a gun

                        As everyone knows, most reserves spend most of their time on special assignements like carnivals and traffic direction

                        Comment


                        • #13
                          an off duty cop will make the right decisions while off duty with a gun

                          With this attitude you must be against CCW for all law abiding citizens. Lots of folks who are not full time peace officers safely carry without any issue at all. Occasionally full time peace officers have ND's or misuse their weapon off-duty.

                          HR218 is merely CCW for LE anywhere (almost) in the country. It doesn't confer off duty peace officer powers if you don't already have them.

                          kadetklapp,

                          I believe the CA Attorney General has opined that HR218 does indeed apply to CA reserve peace officers. Read some of the old copies of "The Backup" which is the publication of the CA Reserve Peace Officers Association.

                          mpsrt,

                          Are you sure about reserve military leo being covered by HR218? That's the first I've heard of that. I thought military authority to arrest was not statutory but command authority so therefore HR218 did not apply. I could be wrong though.
                          If you see me running try to keep up!

                          Comment


                          • #14
                            Are you sure about reserve military leo being covered by HR218? That's the first I've heard of that. I thought military authority to arrest was not statutory but command authority so therefore HR218 did not apply. I could be wrong though.
                            For civilians that is correct, however we have arrest authority(actually called apprehension however it is specifically defined as having the same meaning as the civilian term arrest, only called something different as "arrest" in military terminology means something else.) for military which comes from the UCMJ, which is codified into US code, and is therefore statutory.

                            To be fair, that is just one interpretation but it's irrelevent because the DOJ here and in AZ has stated military leo are covered, and in any case we have arrest powers in CA under PC 830.8(which would be very limited and probably could not be used at under most circumstances due to posse comitatus, but are still statutory arrest powers).

                            I was VERY careful to clairify this and get a leter from DOJ before I started carrying here in CA as I do not have a CCW and I do not want to lose my TS clearance and end my career over something stupid. The problem is one cannot expect the average cop on the street to know some obscure stuff like this, and it could cause a problem, however I conduct myself in manner which leads to few if any law enforcement encounters.

                            The real question is would you bust another cop for something like this? The fact is I have made MANY arrests which ruined people's lives. It would not be hard for those people to find me, I do not even have the protection local peace officers do, and the people I have arrested all have quite a bit of combat training. In addition, IMO a community is safer with LEOs of any kind present and armed. While technically it is a federal offense for local LEOs to carry on a military installation I would never ever consider questioning a fellow LEO on something like that, it's common sense.
                            Last edited by MPSRT; 06-16-2006, 04:02 AM.

                            Comment


                            • #15
                              I emailed the Criminal Law instructor at the Indiana Law Enforcement Academy. He is an attorney and we have been known to refer to him from time to time when questions like these arise. Unfortunately, the news I was given was not good. He advised me that his interpretation of the law was that reserves are NOT permitted at this time to carry under HR 218 due to the fact that the law was poorly written. He advised that there is somewhere a stipulation that the officer carrying is subject to pension/retirement benefits. Obviously this is sort of idiotic, but what they tried to do with the law was make sure reserves couldn't carry due to their lack of
                              experience that makes me confortable that an off duty cop will make the right decisions while off duty with a gun
                              I don't agree. He said to be better safe than sorry. Now, since I work for the sheriff's dept full-time in court services aside from my reserve town marshal position, I wonder if I am covered?
                              AJ Clapp

                              www.fallenofficermemorial9c1.org

                              Comment

                              What's Going On

                              Collapse

                              There are currently 7535 users online. 411 members and 7124 guests.

                              Most users ever online was 19,482 at 12:44 PM on 09-29-2011.

                              Welcome Ad

                              Collapse
                              Working...
                              X