To the lawyers on INGO (and anybody else who can find the answer online).
Here are some facts.
LEOSA allows "qualified law enforcement officers" to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions.
In order to be covered as a "qualified law enforcement officer", a person must meet every one of the following criteria, that is to say they must:
Any commissioned officer possesses arrest power for UCMJ violations under 10 USC Chapter 47, Subchapter II - APPREHENSION AND RESTRAINT.
Here is where thinking starts.
I had a friend in my platoon at OCS who had gone to law school and gotten a law degree but never taken the bar to actually become a lawyer. He was the one who first told me about LEOSA and suggested that commissioned officers are covered by it. "Interesting," I thought.
When I was at TBS, one of my instructors, a captain, was an MP. While talking to him about guns one evening, we discussed LEOSA briefly. He also stated that there could be a case made that any commissioned officer—not just an MP—is covered, but he didn't recommend that a student at TBS be the guinea pig.
Here's my question.
Obviously, what I'm getting at is this: I want to know if I'm covered by LEOSA. It appears that I meet the letter of the law, notwithstanding the fact that I'm not an MP.
Are you aware of any cases that have addressed this issue? Are there any other laws that may make it more clear?
And as a follow-up, if I am covered, I've heard that there is some documentation/identification that I need to have on my person that affirms for any LEO I may encounter that I am, in fact, covered by LEOSA. I am having some trouble finding details about that, too. Like, "where would I get it?" Does my DOD ID suffice?
Thanks for any leads or answers you can provide.
Law Enforcement Officers Safety Act on Wikipedia
Here are some facts.
LEOSA allows "qualified law enforcement officers" to carry a concealed firearm in any jurisdiction in the United States, regardless of any state or local law to the contrary, with certain exceptions.
In order to be covered as a "qualified law enforcement officer", a person must meet every one of the following criteria, that is to say they must:
- be an employee of a governmental agency,
- be 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,
- have statutory powers of arrest or to "apprehend" for violations of the Uniform Code of Military Justice (as of 2 January 2013)
- be authorized by the agency to carry a firearm while on duty
- not be the subject of any disciplinary action by the agency (which could result in suspension or loss of police powers), and
- meet standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm.
Any commissioned officer possesses arrest power for UCMJ violations under 10 USC Chapter 47, Subchapter II - APPREHENSION AND RESTRAINT.
Here is where thinking starts.
I had a friend in my platoon at OCS who had gone to law school and gotten a law degree but never taken the bar to actually become a lawyer. He was the one who first told me about LEOSA and suggested that commissioned officers are covered by it. "Interesting," I thought.
When I was at TBS, one of my instructors, a captain, was an MP. While talking to him about guns one evening, we discussed LEOSA briefly. He also stated that there could be a case made that any commissioned officer—not just an MP—is covered, but he didn't recommend that a student at TBS be the guinea pig.
Here's my question.
Obviously, what I'm getting at is this: I want to know if I'm covered by LEOSA. It appears that I meet the letter of the law, notwithstanding the fact that I'm not an MP.
Are you aware of any cases that have addressed this issue? Are there any other laws that may make it more clear?
And as a follow-up, if I am covered, I've heard that there is some documentation/identification that I need to have on my person that affirms for any LEO I may encounter that I am, in fact, covered by LEOSA. I am having some trouble finding details about that, too. Like, "where would I get it?" Does my DOD ID suffice?
Thanks for any leads or answers you can provide.
Law Enforcement Officers Safety Act on Wikipedia