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Old March 19, 2009, 04:47 PM   #1
Join Date: September 16, 2008
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New to Law Enforcement, Got Questions

I spent the past couple days searching the boards but I haven't found any answers. I'm in the running to becoming a Detention Officer at the local jail. My great-uncle was a LEO and told me stories (which inspired me to become one as well) and I was wondering if certain things still apply.

Am I considered a LEO?

If considered a LEO would I be able to purchase LE Only weapons such as an MP5 or AR-15 with a shorter barrel?

Would I be able to carry my weapons across state lines without a permit such as a CCW or something?

Thanks in advance guys!
"In anything at all, perfection is finally attained not when there is no longer anything to add, but when there is no longer anything to take away." - Antoine de Saint Exupéry
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Old March 19, 2009, 05:16 PM   #2
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Jailer as LEO

In most states the training is different (shorter) for LEO's. Usually the definition has something to do with "do you have powers of arrest". If the answer is yes, the probably you would be considered in the community. Not downing jailers, I was one.
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Old March 19, 2009, 05:18 PM   #3
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To read:the training for jail is shorter than for LEO. Thx, Sandy
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Old March 19, 2009, 05:37 PM   #4
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The officers that purchase the Special weapons do so to use at work, on patrol being in detention you would not have a need for them as jails except for the Catwalk or observation room do not have weapons and the ones on the walk or in observation are issued to the post. As far as CCW that is up to your agency as you have to have I.D authorizing CCW
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Old March 20, 2009, 05:06 PM   #5
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Are detention officers in your jusrisdiction sworn officers with arrest powers? Some places they are, and some are not sworn so that would make a difference. A federal law signed a few years ago by President Bush gives sworn active duty LEOs authority to carry concealed anywhere in the U.S. and not just limited to their local jusrisdiction.
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Old March 20, 2009, 06:40 PM   #6
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The Law Allowing Police Officers and Retired Officers to carry concealed in other juristrictions is H.R 218.
Sec. C discribes the Officers that come under this law. Chech the requirments to see if you qualify, as we dont know your dept. or its guidelines.

`(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.
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Old March 20, 2009, 08:40 PM   #7
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You guys are awesome. Thank you for answering my questions!
"In anything at all, perfection is finally attained not when there is no longer anything to add, but when there is no longer anything to take away." - Antoine de Saint Exupéry
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Old March 20, 2009, 09:16 PM   #8
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I started in corrections in Jacksonville back in 1988 so my experience is dated but having spoken with several detention deputies here in Florida I can give some input.

CO's in FL are still considered LEO's but have no arrest authority. Even inside the jail, we had to call a road deputy to file charges on an inmate who hit us or committed any other violations of the law. Now, if you are cross/dual certified (as a Police officer/Deputy) and that certification is recognized by your agency, you will have arrest authority if acting in that capacity.

In regards to NFA weapons (SBR's, full autos etc), the only way to purchase anything like you referred to (besides going the regular NFA application route) is for the agency to purchase it. Can you purchases it on an agency letterhead? Possibly, but if it is an NFA weapon, it will more then likely officially belong to the agency so why bother?. In my experience, most agency heads are not that quick to authorize Deputies/officers to purchase automatic weapons. If they want you to have one, they'll issue it to you.

In regards to carrying off duty. I would imagine that it would depend on if you're allowed to carry on duty. Most any agency will have a policy regarding that. If you're not authorized to carry a firearm as part of your day to day duties, you're probably not be authorized to carry off duty (under the guise of an LEO). Thats not to say you can't have a CCP but you would be carrying as a "civilian" as you have no arrest powers. Be safe and read your general orders and ask a firearms instructor for the specifics of your agency and State

Good luck and stay safe
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Old March 22, 2009, 11:15 AM   #9
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The law is somewhat poorly written, besides being blatantly unconstitutional.

Its quite likely that there are tens of thousands of people who are considered LEOs under HR218 who are not permitted by their own states to carry as a LEO. They may well have legal authority to do so, but could well be in violation of their own employer's rules, which could get them in hot water.

I seem to recall there was at least one case where someone got arrested for carrying under this law (maybe a coast guardsman?) and was eventually cleared of the charges but faced disciplinary action from his agency.

Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.
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