[campo]

Are campus police officers covered under this bill (H.R. 218)? I am a little confused about the following line from the bill:

(c) "As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who"

Does this mean that if I work for a private college, H.R 218 will not apply to me? Do state colleges and university officers qualify under this bill?

Thanks for your input.

 

[redtargetarea]

The way I translate it is that state college agencies would be OK, however I would think that private college agencies would not fall under this. However you could always throw in a loop if you were a sworn special or reserve officer for the jurisdiction your college is in???


H.R.218 One Hundred Eighth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four

An Act To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE. This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following: `Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers `(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). `(b) This section shall not be construed to supersede or limit the laws of any State that-- `(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or `(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. `(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. `(e) As used in this section, the term `firearm' does not include-- `(1) any machinegun (as defined in section 5845 of the National Firearms Act); `(2) any firearm silencer (as defined in section 921 of this title); and `(3) any destructive device (as defined in section 921 of this title).'. (b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following: `926B. Carrying of concealed firearms by qualified law enforcement officers.'.

SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS. (a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following: `Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers `(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). `(b) This section shall not be construed to supersede or limit the laws of any State that-- `(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or `(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. `(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; `(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or `(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency; `(4) has a nonforfeitable right to benefits under the retirement plan of the agency; `(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms; `(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and `(7) is not prohibited by Federal law from receiving a firearm. `(d) The identification required by this subsection is-- `(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or `(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and `(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm. `(e) As used in this section, the term `firearm' does not include-- `(1) any machinegun (as defined in section 5845 of the National Firearms Act); `(2) any firearm silencer (as defined in section 921 of this title); and `(3) a destructive device (as defined in section 921 of this title).'. (b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following: `926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

 

[mpd61]

Before this gets out of hand.........................................

There are two (2) key issues for campus police under HR 218.

1. Governmental Agency (This may best be answered by who issues your I.D. and what your I.D. says)

2. You must be authorized/trained to carry firearms by your employing agency.

Not to be a wet blanket, but you know everybody is going to want to stretch their "special" status and try to invoke HR 218. This means private agencies with "special powers" from Boston, Suffolk County, State Police, etc.

And I don't even want to touch the Auxiliary issue because a percentage of them are not technically "Sworn"

 

[Crvtte65]

Before this gets out of hand.........................................

There are two (2) key issues for campus police under HR 218.

1. Governmental Agency (This may best be answered by who issues your I.D. and what your I.D. says)

2. You must be authorized/trained to carry firearms by your employing agency.

Not to be a wet blanket, but you know everybody is going to want to stretch their "special" status and try to invoke HR 218. This means private agencies with "special powers" from Boston, Suffolk County, State Police, etc.

And I don't even want to touch the Auxiliary issue because a percentage of them are not technically "Sworn"

I would say it's ok and the Aux. would not be unless all the subsections are met. Most, since are part of Civil Defence and can arrest when sworn as a temp.

The campus issue I would agree, depends on the ID. Some colleges are ok because they have SSP and also county powers such as NU.

Reserves, same as Aux, meet the requirements of arrest.

Specials would be touchy becuase they may only work during the summer months, but nobody else knows that etc.

 

[MVS]

I would caution the Campus PO's and Aux PO's in trying to "stretch" this to work for them. If you doubt you're "qualified" by reading the criteria then you shouldn't use it. Granted it wouldn't take much for a Campus PO to flash his badge and to use his SSPO Warrant ID as his "ID" in another state. But if, god forbid, you use your firearm to protect yourself, the defense attorney would have a field day with you....

And if you end up getting stopped out of state and the inquiring Officer discovers that you don't really fill the bills requirements - you might be screwed.

Only permanant "year-round" town appointed specials (not Campus PO's) should consider applying this.

Just my .02

 

[csauce30]

qualified law enforcement officer' means an employee of a governmental agency

No PRIVATE college PO's that I know of are "employee's of a governmental agency." Having an SSPO warrant, a Deputy Sheriff appointment, etc. does not make you an employee of that agency. If you have an SSPO warrant, you are no more an employee of the Massachusetts State Police than a pizza delivery driver is.

I would say it's ok and the Aux. would not be unless all the subsections are met. Most, since are part of Civil Defence and can arrest when sworn as a temp.

The term "employee" of a governmental agency may be an issue for aux officers. They are appointed by, and volunteer for the town, but are they employed for the purposes of this law?? I don't know...

The campus issue I would agree, depends on the ID. Some colleges are ok because they have SSP and also county powers such as NU.

See my first comment. Receiving powers from MSP or SCSD does not in any way mean you are employed by that agency. In fact, you are absolutely not employed by either of these agencies if you are an NU cop. Are Boston "special officers" employees of the City because they have a pretty special officer license and powers of arrest? Nope...

Some colleges are ok because they have SSP and also county powers such as NU.

Again, Tufts University, BIDMC, Harvard, and many more, all have SSPO/Deputy Sheriff powers, does this mean that they are employed by the State Police or Sheriffs Department?? Lets ask some Troopers what they think... :shock:

Reserves, same as Aux, meet the requirements of arrest.

True, but some reserves are paid, thus definately meeting the "employed" requirement.

Specials would be touchy becuase they may only work during the summer months, but nobody else knows that etc.

Actually, if you took a poll, the majority of "specials" are appointed on a year round basis, and many work regular paid shifts, as well as details. The specials you are thinking of are "summer specials" working on Cape Cod in several towns. As far as I know, and I have worked as such, the only summer specials in Mass are located on the Cape. Many other towns employ regular part time specials, thus meeting the requirements.

 

[MarkBoston]

Just my personal opinion but...if you have any doubts about your legal right to carry under HR 218 then don't do it. The best way to guarantee getting fired or never even being hired in any law enforcement job is to get popped out of state trying to pull a "gray" area fast one.

 

[mpd61]

Csaucy is right................................


I hate to say I told you so, BUT alot of people out here who are legitimate L.E. with Private entities are NOT going to be covered by HR 218. So sorry.
:roll:

If you want to take the chance and possibly commit a felony out of state, have a ball!
Many of the campus PD's are armed, but as pointed out earlier, the Sheriffs and town P.D.'s that give you "special" status are neither your true employer, nor do they issue you your firearms. Please contact an attorney who is versed in firearms laws like the ones listed on the Four Seasons site.
:wink:

 

[Crvtte65]

I think I left out some words when referring to the Aux because I just re-read it and it didn't come out correct... I say they cannot utilize this.

Also a good point about not actually being employed by the agency, not just being sworn.

 

[DC813]

MPD61-----absolutely correct on this issue, and the most important thing to remember about all of this is that your probably won't get questioned if nothing goes wrong, but if you do have to utilize that concealed firearm and the person shot's (intentionally or accidentally, god forbid)family that hires an attorney to sue you looks into your occupation and finds out you aren't an employee of a governmental agency----your in big trouble, not to mention as MPD61 stated...you will become a convicted felon!