What Laws Enable Police To Carry Guns

ninjatoth · July 6, 2009, 10:51 AM

This will probably seem like a 5th grade question to most,but I don't have a clue to the answer so i'll ask.What permits and laws do police have?Do they have to get a ccw just like everyone else in order to carry off duty?Or do they have some other type of permit or immunity?

stargazer65 · July 6, 2009, 11:31 AM

I never would have pondered a question like that in 5th grade. Too busy collecting marbles and baseball cards. But anyway, I believe the requirements are going to be different from location to location. Generally speaking though, they would have different regulations and training requirements for packing heat on or off duty because of their unique position and responsibility. I'm sure an LEO will weigh in on this question pretty soon.

Glenn E. Meyer · July 6, 2009, 11:39 AM

Search on HR 218 for off duty carry.

http://www.google.com/search?sourcei...ers+safety+act

Here's a start.

**Mike Irwin** · July 6, 2009, 11:59 AM

Given that most police are creations of the localities/states, I'd say that the search for laws should begin there.

As for Feds., I don't know specifically, but I do know that for the first several years of its existence the FBI had no mandate or authority to carry firearms. I believe it took an act of Congress in 1934 to change that.

buzz_knox · July 6, 2009, 12:36 PM

There are laws in every jurisdiction governing who falls in the category of LEO and is authorized to carry weapons. All gun control laws also have exceptions for law enforcement, which is a back door grant. Even in the absence of both sets of laws, the states retain the police power, which implicitly carries with it the authoirty for those agents excercising said power to have the tools necessary to do so. So, I guess you could toss "common law" into the pile as well.

knight0334 · July 6, 2009, 01:44 PM

The USC 2nd Amendment and PA Const Article.21, enables officers to carry guns just like the rest of us. Any other restrictions or exemptions is on the state level.

In PA, LEO's are exempted from the prohibition against carrying concealed handguns, carrying/transporting handguns in vehicles, and loaded long guns in vehicles under Title 18, Chapter 61, Subsection 6106.

blume357 · July 7, 2009, 06:34 AM

"2nd ammendments" to their constitutions... they are specifically there to protect the citizens from the governments 'standing armies'... which by todays standards would surely include local law enforcement.

wickedrider · July 7, 2009, 05:52 PM

State Laws for state and local officers. I think that someone already gave you the grant for the feds.

rampage841512 · July 7, 2009, 08:33 PM

I don't know the specific wording of the Alabama law, but in a nutshell all Peace Officer's are exempted from firearms possession laws when in the course of their legal duties. I would assume this extends to off duty carry when it is required by their employeer. Otherwise, I presume, though I have no factual knowledge to back up this statement, that they are bound by the same laws as everyone else in the state.

Yellowfin · July 9, 2009, 03:14 PM

States like New York and New Jersey effectively don't have rule of law other than anything goes for LE, "I am the law" stuff.

LaBulldog · July 9, 2009, 03:52 PM

Each state, jurisdiction, have laws to define what a law enforcement officer is, what he/she can and cannot do. It covers their ability/duty to carry a firearm.

In Texas, it is Texas penal code sec.46.02, Texas Government Code - Section 76.0051. Authorization To Carry Weapon, and probably a few other statues.

Louisiana is the same.

July 6, 2009, 10:51 AM	#1
ninjatoth Junior member Join Date: March 21, 2009 Location: sanford,mi Posts: 590	What Laws Enable Police To Carry Guns This will probably seem like a 5th grade question to most,but I don't have a clue to the answer so i'll ask.What permits and laws do police have?Do they have to get a ccw just like everyone else in order to carry off duty?Or do they have some other type of permit or immunity?

July 6, 2009, 11:31 AM	#2
stargazer65 Senior Member Join Date: April 6, 2009 Location: Connecticut Posts: 761	I never would have pondered a question like that in 5th grade. Too busy collecting marbles and baseball cards. But anyway, I believe the requirements are going to be different from location to location. Generally speaking though, they would have different regulations and training requirements for packing heat on or off duty because of their unique position and responsibility. I'm sure an LEO will weigh in on this question pretty soon. __________________ "I assert that nothing ever comes to pass without a cause." Jonathan Edwards

July 6, 2009, 11:39 AM	#3
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	Search on HR 218 for off duty carry. http://www.google.com/search?sourcei...ers+safety+act Here's a start. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens

July 6, 2009, 11:59 AM	#4
Mike Irwin Staff Join Date: April 13, 2000 Location: Northern Virginia Posts: 41,381	Given that most police are creations of the localities/states, I'd say that the search for laws should begin there. As for Feds., I don't know specifically, but I do know that for the first several years of its existence the FBI had no mandate or authority to carry firearms. I believe it took an act of Congress in 1934 to change that. __________________ "The gift which I am sending you is called a dog, and is in fact the most precious and valuable possession of mankind" -Theodorus Gaza Baby Jesus cries when the fat redneck doesn't have military-grade firepower.

July 7, 2009, 06:34 AM	#7
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	It's funny, because if you read many of the original state's "2nd ammendments" to their constitutions... they are specifically there to protect the citizens from the governments 'standing armies'... which by todays standards would surely include local law enforcement.

July 6, 2009, 12:36 PM	#5
buzz_knox Senior Member Join Date: December 2, 1999 Location: Knoxville, in the Free State of Tennesse Posts: 4,190	There are laws in every jurisdiction governing who falls in the category of LEO and is authorized to carry weapons. All gun control laws also have exceptions for law enforcement, which is a back door grant. Even in the absence of both sets of laws, the states retain the police power, which implicitly carries with it the authoirty for those agents excercising said power to have the tools necessary to do so. So, I guess you could toss "common law" into the pile as well.

July 6, 2009, 01:44 PM	#6
knight0334 Senior Member Join Date: January 1, 2006 Location: Brookville, PA Posts: 442	The USC 2nd Amendment and PA Const Article.21, enables officers to carry guns just like the rest of us. Any other restrictions or exemptions is on the state level. In PA, LEO's are exempted from the prohibition against carrying concealed handguns, carrying/transporting handguns in vehicles, and loaded long guns in vehicles under Title 18, Chapter 61, Subsection 6106.

July 7, 2009, 05:52 PM	#8
wickedrider Member Join Date: May 19, 2009 Posts: 50	State Laws for state and local officers. I think that someone already gave you the grant for the feds.

July 7, 2009, 08:33 PM	#9
rampage841512 Senior Member Join Date: July 16, 2007 Location: Gardendale, Alabama Posts: 665	I don't know the specific wording of the Alabama law, but in a nutshell all Peace Officer's are exempted from firearms possession laws when in the course of their legal duties. I would assume this extends to off duty carry when it is required by their employeer. Otherwise, I presume, though I have no factual knowledge to back up this statement, that they are bound by the same laws as everyone else in the state. __________________ "What is play to the fool and the idiot is deadly serious to the man with the gun." Walt Rauch,Combat Handguns, May '08

July 9, 2009, 03:14 PM	#10
Yellowfin Senior Member Join Date: January 7, 2007 Location: Lancaster Co, PA Posts: 2,311	States like New York and New Jersey effectively don't have rule of law other than anything goes for LE, "I am the law" stuff. __________________ Students for Concealed Carry on Campus http://www.concealedcampus.org "You can't stop insane people from doing insane things by passing insane laws--that's insane!" - Penn Jillette

July 9, 2009, 03:52 PM	#11
LaBulldog Member Join Date: February 23, 2009 Location: Republic of Texas Posts: 55	Each state, jurisdiction, have laws to define what a law enforcement officer is, what he/she can and cannot do. It covers their ability/duty to carry a firearm. In Texas, it is Texas penal code sec.46.02, Texas Government Code - Section 76.0051. Authorization To Carry Weapon, and probably a few other statues. Louisiana is the same.