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Main Page Sworn LEO's OK to carry weapon anywhere in US???
(Click here to view the original thread on the MassCops Message Board)

Posted by: Portable81

This topic is probably somewhere else on the board, but here goes. I was recently told that any sworn police officer can carry his or her duty weapon in any state in the country, under the badge as a sworn officer. I was told this goes for retired LEO's as well. My question would be, is this a fact? And would this also apply to a sworn special PO, with full police powers as well. Thanks.

Posted Tue 26 Oct, 2004 12:09:

Sorry folks, just scrolled down a few and read the article. Does anyone know if this has passed, also where is the other thread on the board? Thanks.

Posted by: bosoxmanny

This is true. President Bush signed this bill on January 20, 2004. It allows all "sworn law enforcement" as well as retired law endforcement to carry concealed across the country.

The following is a quote from the signed bill:

`(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;

`(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.

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

Posted by: mpd61

Quote:

Originally Posted by bosoxmanny @ 26 Oct 2004 11:20

This is true. President Bush signed this bill on January 20, 2004. It allows all "sworn law enforcement" as well as retired law endforcement to carry concealed across the country.

The following is a quote from the signed bill:

`(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;

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

This is in danger of becoming Topic of the Month.............................................

If your paycheck isn't signed by the state treasurer or city/town official, OR your agency doesn't issue you a duty-firearm, then H.R. 218 Doesn't apply to you

P.S. President Bush signed it Juy 22nd, not back in Janury of 04'

Posted by: Mikey682

once again, private agency cops get f*cked.

Posted by: ryan933

Quote:

If your paycheck isn't signed by the state treasurer or city/town official, OR your agency doesn't issue you a duty-firearm, then H.R. 218 Doesn't apply to you

How do you figure that? Nowhere in the wording of the law does it state, or even imply, that your firearm must be "issued."

Ryan

Posted by: mpd61

Quote:

Originally Posted by ryan933 @ 26 Oct 2004 17:15

Quote:

If your paycheck isn't signed by the state treasurer or city/town official, OR your agency doesn't issue you a duty-firearm, then H.R. 218 Doesn't apply to you

How do you figure that? Nowhere in the wording of the law does it state, or even imply, that your firearm must be "issued."

Ryan

O.K. modify that to "authorize" duty firearm v. "issue" Still doesn't really change anything.
Bottom line is you must be employed/payed by governmental agency and carry a duty firearm for that agency.

Posted by: Ranger2

I was under the impression it was "sworn" police officer and they must have authorization to carry a firearm... --> suffices the defintion...

As you can see.. this is where the problems will start to show....

Posted by: PearlOnyx

I was discussing this issue with our Department Armorer the other day. There are some definate loopholes in the bill, which make things a bit unclear. I am waiting to see if our department is going to come out with some sort of official clarification on who this applies to and who it doesn't. Due to the "Powers of Arrest" section, this seems to leave out both County Correctional Officers (Not Deputy Sheriffs), and State Correctional Officers.

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