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Old March 20, 2016, 08:12 PM   #11
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Join Date: February 10, 2010
Posts: 720
Proz76, and Frank, please forgive me for being late to the party so to speak...

Corrections officers are in a narrow field under LEOSA, similar to probation and others. I will share what I have.

First of all, I don't remember seeing a state listed from Proz76 as I post this. I am in NC, and in 2015 NC passed Senate Bill 78 - Off-Duty Correctional Officers/Conceal Carry. All that bill changed was

"Ammends G.S. 14-269(b) to allow State correctional officers, when off-duy to carry a concealed weapon in the same locations as a law enforcement officer. While carrying a concealed weapon off-duy a State correctional officer is not allowed to consume alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the correctional officer's body. If the concealed weapon is a handgun, the correctional officer must meet the firearms training standards of the Division of Adult Correction of the Department of Public Safety. This authority applies to all state correctional officers but does not extend to detention officers employed by a sheriff.

Effictive: December 1. 2015"

The part in quote comes from the in-service training for this year, 2016.

Now, with that said, does it say anything at all about LEOSA? No. Does LEOSA mention powers of arrest? Yes, it does, but it does not define it as a "broad power of arrest" such as a traditional LEO, or a rather "limited power of arrest" and that which is above? There is no mention in the federal law of how broad or narrow the powers of arrest must be. Also, the federal LEOSA does not include a requirement that an agency "shall issue" to a qualifying officer. There was already a court case in Illinois (Moore, et al. V. Trent) which proved this. So keeping in mind the federal law and its limitations, lets look at state law if we can.

Continued in the next post...

ETA: court case

Last edited by Fishing_Cabin; March 20, 2016 at 09:07 PM.
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