Can LEO's CCW without permit?

[glockman19]

I was just curious. Can LEO's CCW anywhere in the country without a CCW/CHL/CWP permit? Is there a professional courtesy from LEO's from state to state? Do they need to get resident of non-resident permits/licenses? Does the new law sighned by President Bush address this?

 

[Autolycus]

The new law allows them to carry anywhere while working and after retiring after 15 years of being an LEO.

I believe that they are issued an ID that says they are retired and from what agency. I believe that this is infact a de facto CCW permit. I am sure some of the police officers can post on this board will be able to explain more.

 

[Aguila Blanca]

This was discussed ad nauseum back when the law was pending, about a year and a half ago (or was it 2-1/2?). Yes, there is a Federal law that allows all sworn police officers who are authorized by their departments to carry when on duty, to carry concealed anywhere in the country (subject to each state's regulations about places off-limits to concealed carry, such as schools and courtrooms/courthouses). The law also covers retirees, but it's not blanket or automatic. They must have been LEOs for some minimum number of years, they are supposed to be issued a credential of some kind by their (former) department, and they are required to qualify with their handgun annually, to the same standard as their (former) department.

Some departments are not willing to issue the credentials or to qualify their retirees, so some of the states have set up the State Police to handle the annual re-qual aspect. I don't know if the State Police issue the retired LEO credential in any state, but I suppose it's a possibility.

The short answer to your question is really, "Yes ... sort of ... maybe."

 

[Steve in PA]

1) Yes

2) Yes

3) No

4) Address what, licenses/permits?

 

[Frog48]

Their badge and LE agency credentials are their de facto CHL.

It is my understanding that in the past, the primary reason that LEO's bothered to get CHL's was because of reciprocity with other states. A CHL has been unnecessary within a LEO's home state, as their status as a sworn peace officer allowed them to carry both on and off duty.

 

[Autolycus]

Well I never said I was correct.

Either way I think we should reappeal the bill.

 

[RavenVT100]

I have had people who belong to certain branches of Homeland Security who are in the .mil (usually Coast Guard) tell me that because they are working for an agency that is part of DHS, that makes them LEOs and they are entitled to carry under HR218.

Quite frankly, I am very suspicious of these claims and believe that it is a case of wishful thinking/grandiosity of the claimants.

Is any of what these guys are saying true?

 

[The Amigo]

yes and no

Even LEOs need to have a CCW permit in some states. Usually they get their permits expedited by certain states. As far a Coast Guard they can carry a gun in any state within jurisdiction as long in official business once off duty the gun stays at the base/Boat ext.. unless you are CGI Coast guard investigative services they get treated a little different. Don't mess with the Coast Guard they have more jurisdiction over a vessel than any other service in the world

 

[RavenVT100]

So you are saying no, HR218 doesn't apply to the CG then--HR218 is an off duty carry bill.

I'm specifically referring to people who say that since they are enlisted members of the CG, they're LEOs and are thus entitled to carry in any state, on their own time, just like cops.

 

[TheFederalistWeasel]

I've been an LEO in GA for many years and now a LEO in TN. In GA I kept my handgun permit valid and in TN I have my permit here as well.

I feel it adds to the validity even if I travel out of state and also why should I not need one when you do?

I am qualified under HR 218 to carry nationwide but I don't travel out of the south.

 

[Aguila Blanca]

Even LEOs need to have a CCW permit in some states.

Citation, please?

This is not what the federal law says, so I'd like to know what law overrides the new federal law granting all active and all qualified retired LEOs the right to carry concealed in every state and jurisdiction in the U.S. without any permit/license.

 

[The Amigo]

Been there

Try to go in to some states without a CCW just a police badge and a gun. You wont get far here in Puerto Rico. I know other states that have similar CCW for police. As far as Coast Guard no they cannot carry CCW unless the have a permit for that state they are in or have prior L/E background not all coast guard personnel are involved in L/E all the time so this narrows it down. However in uniform they can carry anywhere as long as they go thru the qualification process while on official duty. Im a fine example i happen to go to the process of obtaining the CCW here. The only good thing if you are prior Law enforcement u don't have to pay the fees $$

 

[Steve in PA]

Police usually got CCW's because other states would recognize the CCW before they would recognize the police credentials.

With the passing of HR218, obtaining a CCW is no longer needed.

There may be states that require an in-state LEO to obtain a CCW for off-duty carry, but I'm not aware of any.

 

[k_dawg]

`(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;

(c) As used in this section, the term `qualified retired law enforcement officer' means an individual who--

`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;

`(2) before such retirement, was 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 had statutory powers of arrest;

Do any members of the CG have actual statutory powers of arrest?

 

[Steve in PA]

No.

 

[Damien45]

Just a minor clarification. Until recently the CG was, while in times of peace, part of the Department of Transportation. While in a War Status they became a part of the Department of the Navy. Now however, they are a part of Department of Homeland Security, until further notice. Since the War on Terror, by nature, a long term war, the CG will be DHS for some time to come.

Does that make them LEO? Not exactly. However, the Navy, Army and Airforce all have their own MA/SA/MP (not sure about Marines, but pretty sure they do to), would they be considered LEO and allowed to carry under said law? Furthermore, some (such as myself) are Auxillary Security Forces (and by the host considered to be Law Enforcement). There are many what if's when dealing with the Military.

 

[The Amigo]

Coast Guard

The Coast guard has been a Law enforcement since it was established actually in the Alexander Hamilton days were talking wooden sail ships. It was established as the Revenue service back then and was tasked with collecting on the illegal privateers bringing stuff in the US without paying taxes. It is however the only armed force service with arresting powers. The only difference between the Department of Transportation and Homeland Security was the funding and HLS brought more work in an already undermanned service as far as maintaining all the Ports terrorist free. In my previous post I mentioned not all CG personell are considered LEO for example a cook on base is not conducting L/E however a cook or an electrician on a cutter(SHIP) might end up carrying a gun all depends.. Its a good service they do a lot with almost nothing.

Yes they have the power to Search Seize and make Arrest as long as they are in the paygrade of E4 and above this includes Warrant and Commisioned officers as well. And are considered Customs officers with a little longer reach than US Customs has.

14 USC SECT 2,89,143

 

[spartan55]

who can figure this one out?

yall are smart figure this one out.......

1. I go to work in a federal uniform
2. by law I can not carry a gun at work or possess one in my vehicle
3. I am a leo by HR218
4. I however, under HR218 can carry CCW off duty anywhere in the U.S.
5. and I arrest people all day long

ANY TAKERS?

 

[Lonestar49]

...

Because you are Fed Park Ranger within a large suburban area? Not rural, where a gun, for animal control, might be needed and is allowed with Fed Park Rangers in that type park?


LS

 

[spartan55]

sorry no

no

 

[isp2605]

LEOSA has been federal law since it was signed into law on 07/22/04. Here's the statute if you care to read the details.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ277.108
The link explains what LEOs/retirees need to have to qualify and where they can be prohibited from carrying. The limitations are they can be prohibited from carrying in state or local government property, installation, building, base or park and private persons/entities can prohibit carrying on their property.
LEOSA applies in all 50 states, WDC, and US terrorities and possessions. And, yes, that includes Puerto Rico. As Aguila Blanca stated this has been discussed ad nauseum on this forum and others since the bill was signed.
Only the retiree's agency can issue the retired ID. However, the qualification shoot can be done by either the retiree's agency or the state in which the retiree resides. Who in that state does the qualification shoot depends on how each state sets up their program. In IL it's the Law Enforcement Training and Standards Bureau thru their Mobile Training Units. Generally, other states seem to be following that lead and doing qual shoots thru their POST agencies or similiar.
There is no "permit" as with CCW permits issued by many states. The "permit" is the active officer's ID card or the retiree's retired ID card and qualification card. LEOSA eliminates the requirement for CCW card.

 

[isp2605]

who can figure this one out?
yall are smart figure this one out.......
1. I go to work in a federal uniform
2. by law I can not carry a gun at work or possess one in my vehicle
3. I am a leo by HR218
4. I however, under HR218 can carry CCW off duty anywhere in the U.S.
5. and I arrest people all day long

Sounds like BOP.

 

[The Amigo]

NOT UP TO PAR

I understand the fed law but seems to me some states are still not to par or havent figured out how to deal with LEOs CCW. I think im on one of them.

 

[nemoaz]

5. and I arrest people all day long
Sounds like BOP.

BOP cannot arrest anyone. Federal prisoners are "remanded to the custody of the United States Marshal", who then transfers the prisoner to the BOP.

If a BOPPER walks past Osama bin Ladin on the street, even if he knows there is a active warrant addressed to "any federal law enforcement officer", the BOPPER cannot arrest the person using any authority derived from their position. (I added that because they may be able to make a citizens arrest at times under some state laws.)

That's not to say that they don't do yeoman's work under difficult conditions. They just don't have arrest authority.

I understand the fed law but seems to me some states are still not to par or havent figured out how to deal with LEOs CCW. I think im on one of them.

The federal law is clear and means that any contrary state law is null and void, even in Puerto Rico.

The reason most LEO's I know also have a concealed permit is if they happen to shoot some dirtbag, they are likely to have their gun taken and placed on administrative leave for some amount of time. In the meanwhile, dirtbag's family may be looking for revenge.

 

[Bopleo]

BOP cannot arrest anyone. Federal prisoners are "remanded to the custody of the United States Marshal", who then transfers the prisoner to the BOP.

BOP has arrest authority, although limited.