HR218 Correction officer's

[Proz76]

Ok i'm sure this has been beat to death but you never see any new descusion over HR218 and who is actually Qualified to carry under it. I have seen a lot of people say that Corrections are covered and some say that they are not. I know that the power of arrest. But trully understading it all is crazy. So does anyone trully know what all state's consider their correction officers as QLEO and what states C/O's have some kind of arrest powers. Thanks

[heyjoe]

in NY State CO's are qualified for Leosa (HR218)

[Proz76]

While its hard to find and I mean impossible to find anything sayinw what states C/O's are QLEO if you are just going by the RCW's we meet everything for 218. The arrest power's are the thing thats hard to find but after some digging I was able to find it. Its weird I dont need a CCP because we are considered LE but the arrest part was tricky. But anytime we are on a transport we havefull powers and duties and a peace officer.

[Proz76]

There has to be someone out there that knows something about corrections and HR218. Anyone??

[Armorer-at-Law]

The Law Enforcement Officers Safety Act was largely a feel-good measure. All the ins and outs of how it would be implemented and who would or wouldn't be covered were never thought through before it was written and passed. There will be some that are clearly covered by it, but don't expect to find a bright line at its edges.

[Jim Watson]

If you are a corrections officer, do not take your gun to New Jersey.
Long thread at:
https://pistol-forum.com/showthread....l-Gun-With-Him

[Frank Ettin]

The applicable provisions of HR218 are codified at 18 USC 926B (active QLEOSs) and 18 USC 926C (retired QLEOs).

Qualified active LEOs are defined at 18 USC 926B(c):

(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 or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

(2) is authorized by the agency to carry a firearm;

(3) is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

(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.

The scope of a person's powers as an agent of the state seem to be a key point (18 USC 926B(c)(1)). Those are defined by applicable state law. I would, however, hope that anyone who is some sort of agent of the state understands the scope of his authority and the statutory source of the authority under laws of the State which employs him.

[Aguila Blanca]

Frank quoted the law. I would just point out that the separator between items 5 and 6 is "and," not "or," meaning that if you don't meet ALL SIX conditions, you are not qualified under the LEOSA. If you are a corrections officer meeting the other five criteria and you don't know if you have power of arrest -- shame on you.

[Frank Ettin]

Originally Posted by Aguila Blanca

...If you are a corrections officer meeting the other five criteria and you don't know if you have power of arrest -- shame on you.

And if you're unclear about what your authority is, you need to have a talk with your boss. Asking us won't do you any good.

[Steve in PA]

PA corrections officers do not meet the LEOSA criteria.

[Fishing_Cabin]

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

[Fishing_Cabin]

Continued....

First off, it would be good to conclude if the state you are in has a requirement that a photo ID card from your law enforcement agency "shall be issued." Since the federal law does not require an agency issue the required photo ID card it is up to each state to either require or allow discretion on issuing such. According to my records, which I will give links to below, only a few do have a "shall issue" requirement. Others, such as my state of NC, are either silent on the matter, or may say "may issue" which gives some leeway.

The states I have which are shall issue to qualifying law enforcement retirees and the requirements may vary (I may add bold to show such):

Indiana:

http://www.in.gov/legislative/ic/cod...ar47/ch15.html

IC 35-47-15

Chapter 15. Retired Law Enforcement Officers Identification for Carrying Firearms

IC 35-47-15-1

"Firearm"

Sec. 1. As used in this chapter, "firearm" has the meaning set forth in 18 U.S.C. 926C(e).

As added by P.L.1-2006, SEC.538.

IC 35-47-15-2

"Law enforcement agency"

Sec. 2. As used in this chapter, "law enforcement agency" means an agency or department of:

(1) the state; or

(2) a political subdivision of the state; whose principal function is the apprehension of criminal offenders.

As added by P.L.1-2006, SEC.538.

IC 35-47-15-3

"Law enforcement officer"

Sec. 3. As used in this chapter, "law enforcement officer" has the meaning set forth in IC 35-31.5-2-185. The term includes an arson investigator employed by the office of the state fire marshal.

As added by P.L.1-2006, SEC.538. Amended by P.L.114-2012, SEC.143.
IC 35-47-15-4

Photo identification for retired law enforcement officers

Sec. 4. After June 30, 2005, all law enforcement agencies shall issue annually to each person who has retired from that agency as a law enforcement officer a photographic identification.

As added by P.L.1-2006, SEC.538.

IC 35-47-15-5

Additional requirement for retired law enforcement officer to carry concealed firearm

Sec. 5. (a) In addition to the photographic identification issued under section 4 of this chapter, after June 30, 2005, a retired law enforcement officer who carries a concealed firearm under 18 U.S.C. 926C must obtain annually, for each type of firearm that the retired officer intends to carry as a concealed firearm, evidence that the retired officer meets the training and qualification standards for carrying that type of firearm that are established:\

(1) by the retired officer's law enforcement agency, for active officers of the agency; or

(2) by the state, for active law enforcement officers in the state.

A retired law enforcement officer bears any expense associated with obtaining the evidence required under this subsection.

(b) The evidence required under subsection (a) is one (1) of the following:

(1) For compliance with the standards described in subsection (a)(1), an endorsement issued by the retired officer's law enforcement agency with or as part of the photographic identification issued under section 4 of this chapter.

(2) For compliance with the standards described in subsection (a)(2), a certification issued by the state.

As added by P.L.1-2006, SEC.538.
IC 35-47-15-6

Immunity from civil or criminal liability

Sec. 6. An entity that provides evidence required under section 5 of this chapter is immune from civil or criminal liability for providing the evidence.
As added by P.L.1-2006, SEC.538.

___________________________


Kentucky:

http://www.lrc.ky.gov/kar/502/013/040.htm

RELATES TO: KRS 186.412, 237.110, 237.138, 237.140, 237.142, 18 U.S.C. 926C

STATUTORY AUTHORITY: KRS 237.140

NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.140 provides for the certification of honorably retired elected or appointed peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C and requires the Kentucky State Police to promulgate administrative regulations to implement the certification provisions. This administrative regulation establishes the requirements and procedures for the issuance, expiration, and renewal of a LEOSA license.

Section 1. Definition. (1) "License" means the document indicating the approved certification pursuant to the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926C.

Section 2. Issuance of License. (1) The department shall issue a LEOSA license if it confirms that the applicant is qualified to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C after the department has received the documentation required by 502 KAR 13:010.

(2) If the department issues a LEOSA license, it shall:

(a) Transmit the license to the sheriff; and

(b) Send an issuance notice to the applicant, informing him or her that the license is being conveyed to the sheriff of the county where the applicant resides and what date the license will be available from the sheriff.

(3) The sheriff shall issue the license to the applicant upon:
(a) Verification of the identity of the applicant by:

1. Submission of a valid Kentucky operator’s license or personal identification card issued by a circuit court clerk pursuant to KRS 186.412; or

2. Personal knowledge of the sheriff; and

(b) Signature of the issuance notice by the applicant in the presence of the sheriff or the sheriff's designee.

Section 3. Expiration. A LEOSA license shall expire one (1) year from the date of the range qualification listed on the "Peace Officer Range Qualification Certification-LEOSA," KSP 123, submitted with the application.

________________________________

Maryland:

http://www.mlefiaa.org/files/LEO_002..._CMR_FINAL.pdf

Current through January 11, 2008, Register #1095

13.03: Issuance of Identification Card

The chief law enforcement officer for a law enforcement agency card shall issue an identification card to a qualified retired law enforcement officer, who retired from that law enforcement agency.
It also requires the following:

(a) A statement which reads: "The person whose photograph and signature appear hereon is a qualified retired law enforcement officer in good standing, pursuant to Title 18 U.S.C. § 926C and 501 CMR 13.02. This identification, together with a Law Enforcement Officers Safety Act Training and Certification Card, allows the person appearing hereon to carry a concealed firearm in accordance with the provisions of Title 18 U.S.C. § 926C. Unlawful possession of police identification or posing as a police officer is a criminal offense."

(b) The telephone number to contact the law enforcement agency issuing the identification card; and

(c) The date of birth of the qualified retired law enforcement officer.

_________________________


Ohio:

http://codes.ohio.gov/orc/2923.126

2923.126 Duties of licensed individual.

(F)

(1) A qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to division (F)(2) of this section and a valid firearms requalification certification issued pursuant to division (F)(3) of this section has the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code and is subject to the same restrictions that apply to a person who carries a license issued under that section. For purposes of reciprocity with other states, a qualified retired peace officer who possesses a retired peace officer identification card issued pursuant to division (F)(2) of this section and a valid firearms requalification certification issued pursuant to division (F)(3) of this section shall be considered to be a licensee in this state.

(2)

(a) Each public agency of this state or of a political subdivision of this state that is served by one or more peace officers shall issue a retired peace officer identification card to any person who retired from service as a peace officer with that agency, if the issuance is in accordance with the agency's policies and procedures and if the person, with respect to the person's service with that agency, satisfies all of the following:

(i) The person retired in good standing from service as a peace officer with the public agency, and the retirement was not for reasons of mental instability.

(ii) Before retiring from service as a peace officer with that agency, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.

(iii) At the time of the person's retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officer's duties.

(iv) Before retiring from service as a peace officer with that agency, the person was regularly employed as a peace officer for an aggregate of fifteen years or more, or, in the alternative, the person retired from service as a peace officer with that agency, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.

_______________________

Pennsylvania has:

http://www.portal.state.pa.us/portal...cessing/636794

c. Issue a retired law enforcement identification card to eligible retirees meeting guidelines established in the regulation.

d. Issue an identification card within 60 days to former law enforcement officers who retired prior to the effective date of the regulation who have requested an identification card, following the same fee schedule outlined in “b”.

______________________

Texas:

http://www.statutes.legis.state.tx.u...htm/GV.614.htm

Sec. 614.124. HONORABLY RETIRED PEACE OFFICER. (a) On request of an honorably retired peace officer who holds a certificate of proficiency under

Section 1701.357, Occupations Code, the law enforcement agency or other governmental entity that was the last entity to appoint or employ the honorably retired peace officer as a peace officer shall issue an identification card to the honorably retired peace officer.

_______________________

Virginia:

http://vacode.org/9.1-1000/

VIRGINIA STATUTES AND CODES 9.1-1000 - Retired law-enforcement officers; photo identification cards.

§ 9.1-1000. Retired law-enforcement officers; photo identification cards. Upon the retirement of a law-enforcement officer, as defined in § 9.1-101,the employing department or agency shall, upon request of the retiree, issue the individual a photo identification card indicating that such individual is a retired law-enforcement officer of that department or agency. Upon request, such a card shall also be issued to any law-enforcement officer who retired before July 1, 2004.(2004, c. 419.)

Now, there may be other states that have a shall issue requirement, for qualified law enforcement, but I don't have a link to their respective state statute or code. It is not as simple as to meet the federal definition, if your state doesn't agree and/or there is no shall issue, you cant require that agency, be it a law enforcement or correctional department to issue the required documents. To break it down more, as to who is covered, you will have to seek out if your state considers a correctional officer to be a law enforcement official under a state statute which will provide the required documentation.

I will add in closing for those who may not have noticed, there is no requirement under federal law to issue the required documentation to meet the federal law which is LEOSA for state and local officers, as there have been court cases on that already. If your individual state has no requirement of "shall issue" You are probably out of luck unless your individual agency has a "shall issue" requirement.

Before you ask why hasn't this already been changed to make each state "shall issue?" Where is the support? I seem to be the sole squeaky wheel in my state of NC.... I wish others would push for this to become "shall issue" in each state for those who meet the state standard of being a qualified law enforcement officer or retired/separated law enforcement officer. Heck, last I checked, NC even requires having 10 years in the state pension system even though the federal law has removed that requirement... So lets say someone does 5 years full time, (which is paid by the agency) and then does 5 years part time? Well, in order to qualify that person would have to buy back their 5 years part time in order to qualify under state law. So, for some, in order to qualify they must toss the state pension fund a fair amount of cash...Hmmm pay to play...Yeah... It isn't as simple as to meet the federal statute...

ETA:

I have been more focused on gathering data for those states who require an agency to issue a photo ID to prove status. I admit have not gathered the data for different states on whether those such as corrections or probation qualify. Main reason being is that if it isn't required to be issued, then who is qualified is of little importance. As I said, there may be more states which require the documentation to be issued that I do not have data for. Colorado is one I have heard of, but I can not link to a specific state statute.

Also to answer the OP...

So does anyone trully know what all state's consider their correction officers as QLEO and what states C/O's have some kind of arrest powers.

As much as I have searched and googled I have never seen such a list, just as I have never seen a list of which states require that the required documentation be provided. I guess I should say, "you have entered, the twilight zone".... That is why I provided the info above.

[Aguila Blanca]

Fishing Cabin, you are focusing on retired LEOs. The OP didn't stipulate if he is interested in the requirements for retired or current corrections officers, but as I read the OP I assumed (which I recognize is always a risk) that he was asking about current. In any event, a state that issues cards to retired LEOs probably knows whether or not certain categories qualify -- such as corrections officers. Just because a state (such as Maryland, for example) issues a piece of paper (or plastic) to qualified, retired LEOs doesn't tell us whether or not corrections officers in that state qualify to get the card.

[armoredman]

AZ DOC does NOT qualify under LEOSA, as we do NOT have general arrest powers. I am constantly correcting staff on this one, trying to keep them out of trouble.

[gyvel]

That's interesting as I have had retired DOC tell me they have LEOSA privileges. Or is that a different situation? Or have they misunderstood something?

[armoredman]

They can say it all they want and they may have actually gotten away with it, but according to federal law we do not qualify as DOC do not and have not ever had general arrest powers for line staff. CIU are the only people who DO have arrest powers, and their IDs say POLICE OFFICER. What they probably experienced was "professional courtesy" the wink wink, nudge nudge for minor issues. I highly disagree with professional courtesy, as we should be held to a higher standard, not a lower one.
When I went to Vegas I asked about traveling with my sidearm, (this was before NV started accepting AZ permits again), and was told "Hey, you're covered under LEOSA, no worries" and had to explain to Vegas PD the same thing. The problem is, you have to be 100% iron clad certain of exactly what you are and aren't covered for/from/by, or it WILL bite you in the rump HARD in the aftermath court battle.
I was told once the only state that let us carry on our badge was Ohio, but since I don't know anyone in Ohio, I never bothered to check it out.

[COPA]

There is a lot said as to weather Corrections Officers In PA have statutory powers of arrest, or not.
In the performance of their duties they most certainly do, in certain situations. Recapturing an Escapee for instance, while in hot pursuit. Trespassing or violating the permitted of the institutions property. These are just a few examples but I think you get the picture.

That being said, Co's From Pennsylvania are covered under LEOSA, however as you can see from the responses here interpretation widely varies, and venturing into NJ, NY, MD, Il, or NC would be at your own risk.

[Frank Ettin]

Originally Posted by COPA

... Co's From Pennsylvania are covered under LEOSA,...

It's very nice that you think so, but unless you can cite legal authority to back up what you think, your thoughts aren't worth anything.

[Frank Ettin]

I think this one has run its course.