Page 1 of 2 12 LastLast
Results 1 to 25 of 31

Thread: Police and their carry

  1. #1
    Regular Member
    Join Date
    Aug 2008
    Location
    Perris, California, USA
    Posts
    12

    Post imported post

    Hey All,

    Here's a question that's been floating in my head for the last few weeks. What law gives the police the right to carry firearms? They have to be permitted somehow. Am I wrong to think just because they have a badge they can open carry?

    My oldest boy is studying to take his correctional officer exam and be on his way to being a police officer, or po-po , and even he furthered my question by asking how the military is permitted. By law, statute, etc, etc.

    Thanks, I try to read here daily, because I live in wonderful Southern California

    Dale

  2. #2
    Regular Member Sig229's Avatar
    Join Date
    Dec 2006
    Location
    Pittsburgh, Pennsylvania, USA
    Posts
    926

    Post imported post

    Im sure every state is different.
    But in most cases its written into the laws that identify what the Police of that county or city duties are.
    What I would also like you know is, how can one LEO confirm that another is a LEO, say if that LEO is from out of state.

    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

  3. #3
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    dalebfast wrote:
    Hey All,

    Here's a question that's been floating in my head for the last few weeks. What law gives the police the right to carry firearms? They have to be permitted somehow. Am I wrong to think just because they have a badge they can open carry?

    My oldest boy is studying to take his correctional officer exam and be on his way to being a police officer, or po-po , and even he furthered my question by asking how the military is permitted. By law, statute, etc, etc.

    Thanks, I try to read here daily, because I live in wonderful Southern California

    Dale
    It is expected that a police officer be armed while on duty and is actually a requirement to do the job. Do you really need a law to allow the police to carry a gun while on duty?

    What you are looking for may not be a law in some statesbut a state standard with criteria required before they can carry.

    Laws are not written expressly to allow activity. They forbid or restrict activity but may have exclusions attached to permit in certain situations.

    In Virginia.... you cannot CC in an alcohol establishment... except... law enforcement, or owners and employees of the business.

    Virginia is an OCstate so there is no law necessary to allow the police to do so.

    Maybe someone from another state can give ussomething from their state.



  4. #4
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193

    Post imported post

    Rather than newbies not being permitted to post during some tyrant's probationary period, perhaps CLEO 229 could restrain himself from rising to troll sucker bait.

    But no.

    Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA *******

  5. #5
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,964

    Post imported post

    LEO 229 wrote:
    It is expected that a police officer be armed while on duty and is actually a requirement to do the job. Do you really need a law to allow the police to carry a gun while on duty?

    Actually not true. Many constables in small CT towns do not carry firearms. If a situation cannot be resolved without violence, the resident state trooper is called. Why would a firearm be a requirement?
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  6. #6
    Regular Member
    Join Date
    Jul 2008
    Location
    Florence, Kentucky, USA
    Posts
    173

    Post imported post

    Doug Huffman wrote:
    Rather than newbies not being permitted to post during some tyrant's probationary period, perhaps CLEO 229 could restrain himself from rising to troll sucker bait.

    But no.

    Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA *******
    I don't see any trolling, or LEO 229 adding any sarcasm to this, I see an honest question and an honest answer to the best of his knowledge, as far as the question, there is something in Kentucky called the HR 218 or something like that, and it gives LEO's the right to carry in places not normally allowed by anyone (i.e. Airport, buses, etc) but Ibelieve it requires pre-authorization. And I'm with Doug that I don't believethere should be any special priveleges, I would defend an innocent citizen, to the best of my ability as I'm sure any civilian or officer would as well.

  7. #7
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    Thundar wrote:
    LEO 229 wrote:
    It is expected that a police officer be armed while on duty and is actually a requirement to do the job. Do you really need a law to allow the police to carry a gun while on duty?
    Actually not true. Many constables in small CT towns do not carry firearms. If a situation cannot be resolved without violence, the resident state trooper is called. Why would a firearm be a requirement?
    Actually.. I am going to have to disagree with you...

    I personally expect that constable to be armed. It may be his or her decision or even the town mayor to not arm have them be armed.....

    But me.. as a person traveling thought the town some day... and being chased by amad man....and I run up to the constable and point out the "man with a gun" trying to kill me... I expect that cop/constable to be armed and stop the threat!

    Otherwise... we are both going to be killed.


  8. #8
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    Doug Huffman wrote:
    Rather than newbies not being permitted to post during some tyrant's probationary period, perhaps CLEO 229 could restrain himself from rising to troll sucker bait.

    But no.

    Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA *******
    You are right....Iused to respond to the new guys. However... I am no longer doing that and you will have to have far more posts before you hear from me.

    Thanks for pointing out in a "negative and condescending way.." you express your hatred towards me in such a wonderful way. A gentle PM would have been very kind.

    But no.

    However.... you cannot take credit for this.... as it was something that was already discussed as an OC dinner. :P

    Now move along now Doug.. nothing to see here... : Tap : Tap : Tap :




  9. #9
    Regular Member
    Join Date
    Aug 2007
    Location
    US
    Posts
    3,156

    Post imported post

    LEO 229 wrote:
    dalebfast wrote:
    Hey All,

    Here's a question that's been floating in my head for the last few weeks. What law gives the police the right to carry firearms? They have to be permitted somehow. Am I wrong to think just because they have a badge they can open carry?

    My oldest boy is studying to take his correctional officer exam and be on his way to being a police officer, or po-po , and even he furthered my question by asking how the military is permitted. By law, statute, etc, etc.

    Thanks, I try to read here daily, because I live in wonderful Southern California

    Dale
    Laws are not written expressly to allow activity. They forbid or restrict activity but may have exclusions attached to permit in certain situations.

    In Virginia.... you cannot CC in an alcohol establishment... except... law enforcement, or owners and employees of the business.

    Virginia is an OCstate so there is no law necessary to allow the police to do so.

    Maybe someone from another state can give ussomething from their state.

    Yep...most laws in VA regarding firearms have specific exemptions for law enforcement and active military in the line of duty. Whether this is right or wrong (having laws that allow police to have superior firepower over the 'civvies") isanother story, and opinions will vary depending on who you ask.

  10. #10
    Regular Member
    Join Date
    Mar 2008
    Location
    Tennessee, ,
    Posts
    695

    Post imported post

    LEO 229 wrote:
    Now move along now Doug.. nothing to see here... : Tap : Tap : Tap :


    LEO, nice to see you back. judging by your new avatar, I'd say you've been in witness protection...

  11. #11
    Regular Member
    Join Date
    Jun 2008
    Location
    Hodgenville, Kentucky, USA
    Posts
    1,261

    Post imported post

    "What I would also like you know is, how can one LEO confirm that another is a LEO, say if that LEO is from out of state."

    In MY case....an ID card similar to DL or carry license carried on my person.





  12. #12
    Activist Member
    Join Date
    Nov 2007
    Location
    Reno, Nevada, USA
    Posts
    1,713

    Post imported post

    Others are right in that it varies by state and I think there are even some relevant federal laws like the LEOSA.(http://en.wikipedia.org/wiki/Law_Enf...ers_Safety_Act)

    Originally I believe most police in the USA weren't armed because they worried people might see them as astanding army. Ibelieve in some countries the regular patrolmen are not armed even today.

    Is it a good idea for them to be armed? I think so. If we have to havepolice they should be armed. And so should non-police.

  13. #13
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    TheMrMitch wrote:
    "What I would also like you know is, how can one LEO confirm that another is a LEO, say if that LEO is from out of state."

    In MY case....an ID card similar to DL or carry license carried on my person.
    I have encountered a few LEOs from out of state in my time.... they have a badge and ID card like I do.

  14. #14
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    Felid`Maximus wrote:
    Others are right in that it varies by state and I think there are even some relevant federal laws like the LEOSA.(http://en.wikipedia.org/wiki/Law_Enf...ers_Safety_Act)

    Originally I believe most police in the USA weren't armed because they worried people might see them as astanding army. Ibelieve in some countries the regular patrolmen are not armed even today.

    Is it a good idea for them to be armed? I think so. If we have to havepolice they should be armed. And so should non-police.
    Agreed!!

    Because we all know the bad guy is armed.

  15. #15
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    nova wrote:
    Yep...most laws in VA regarding firearms have specific exemptions for law enforcement and active military in the line of duty. Whether this is right or wrong (having laws that allow police to have superior firepower over the 'civvies") isanother story, and opinions will vary depending on who you ask.
    I have no greater access to "superior" firepower than a citizen. As a citizen I actually have access to far more weapons than I do on duty.

    There is pretty much nothing I can get on duty that I cannot get as a civilian. So there is no real access to superior firepower.

    [line]

    There are certain code sections wherethepolice are exempt... not many....

    Maybe we can compile a list so we can see what is out there.

    In Virginia....

    Alcohol establishment.

    J3: nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.



    At School

    (iv) any law-enforcement officer



    Brandishing

    I am not exempt from being charged with brandishing!! So if I point my gun at you... you can apparently have me arrested!

    I am exempt from being sued civilly....

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.


    So what else is there????


  16. #16
    Regular Member
    Join Date
    Jul 2008
    Location
    , New Hampshire, USA
    Posts
    26

    Post imported post

    I'm no legal scholar but I would say they are permitted their right to carry from the same place we are. Our Creator. The second amendment is suppose to protect that right and prevent the Government from taking that right away from us. But as reality would have it, it is being stripped away piece by piece except for law enforcement. Nearly every ILLEGAL law restricting the right to keep and bear arms has a clause exempting the standing army known as law enforcement.

    Did you ever stop to think about how much freedom we have allowed to be infringed? We live in a far more restrictive environment than our founders and they revolted because of it.

    Take care and keep you powder dry!

    Ken

  17. #17
    Regular Member
    Join Date
    Aug 2007
    Location
    US
    Posts
    3,156

    Post imported post

    LEO 229 wrote:
    nova wrote:
    Yep...most laws in VA regarding firearms have specific exemptions for law enforcement and active military in the line of duty. Whether this is right or wrong (having laws that allow police to have superior firepower over the 'civvies") isanother story, and opinions will vary depending on who you ask.
    I have no greater access to "superior" firepower than a citizen. As a citizen I actually have access to far more weapons than I do on duty.

    There is pretty much nothing I can get on duty that I cannot get as a civilian. So there is no real access to superior firepower.

    [line]

    There are certain code sections wherethepolice are exempt... not many....

    Maybe we can compile a list so we can see what is out there.

    In Virginia....

    Alcohol establishment.

    J3: nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.



    At School

    (iv) any law-enforcement officer



    Brandishing

    I am not exempt from being charged with brandishing!! So if I point my gun at you... you can apparently have me arrested!

    I am exempt from being sued civilly....

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.


    So what else is there????
    By "superior firepower" I had big cities like NYC, Chicago, and WashDC in mind, but it can be applied to other whole states like CA, NY, MA, etc. in terms of restrictive gun laws.

    Yeah pretty much the only ones I could think of were places that serve alcohol and schools...I guess that isn't 'most' laws now that you point that out...

  18. #18
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    nova wrote:
    By "superior firepower" I had big cities like NYC, Chicago, and WashDC in mind, but it can be applied to other whole states like CA, NY, MA, etc. in terms of restrictive gun laws.

    Yeah pretty much the only ones I could think of were places that serve alcohol and schools...I guess that isn't 'most' laws now that you point that out...
    Ahh!!! OK. I agree with you in that the states really should not be banning firearms or hi-cap mags.

    This is just like DC banning guns..... we all know that since 1976 this has been so effective on stopping gun crime. <Insert Sarcasm Here>

    But it is not the officers fault that the law makers for the state decided to set such bans in place. I guess you cannot even fault the police departments unless you know for sure the police petitioned the state to do it. I know I have never been personally asked about my feelings on gun bans.

    More often I believe it is the feel good crew that "think" this will somehow stop deaths.

    So sad......

  19. #19
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,855

    Post imported post

    LEO 229 wrote:
    dalebfast wrote:
    Hey All,

    Here's a question that's been floating in my head for the last few weeks. What law gives the police the right to carry firearms? They have to be permitted somehow. Am I wrong to think just because they have a badge they can open carry?

    My oldest boy is studying to take his correctional officer exam and be on his way to being a police officer, or po-po , and even he furthered my question by asking how the military is permitted. By law, statute, etc, etc.

    Thanks, I try to read here daily, because I live in wonderful Southern California

    Dale
    It is expected that a police officer be armed while on duty and is actually a requirement to do the job. Do you really need a law to allow the police to carry a gun while on duty?

    What you are looking for may not be a law in some statesbut a state standard with criteria required before they can carry.

    Laws are not written expressly to allow activity. They forbid or restrict activity but may have exclusions attached to permit in certain situations.

    In Virginia.... you cannot CC in an alcohol establishment... except... law enforcement, or owners and employees of the business.

    Virginia is an OCstate so there is no law necessary to allow the police to do so.

    Maybe someone from another state can give ussomething from their state.

    Leo! You made bail! Welcome back! I'm sure those morals charges won't stick.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  20. #20
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    Gunslinger wrote:
    Leo! You made bail! Welcome back! I'm sure those morals charges won't stick.
    As you can see from my photo.... I am a not who I was a month ago... I am a changed man.

    I have been re indoctrinated and reprogrammed to think things through from now on.

  21. #21
    Regular Member Sonora Rebel's Avatar
    Join Date
    Aug 2008
    Location
    Gone
    Posts
    3,958

    Post imported post

    As for the military: "Congess shall make all laws governing land and naval forces of the United States." That's the UCMJ Weapons are issued 'as required'. They don't call it the Armed Forces for nothin'.

  22. #22
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,855

    Post imported post

    LEO 229 wrote:
    Gunslinger wrote:
    Leo! You made bail! Welcome back! I'm sure those morals charges won't stick.
    As you can see from my photo.... I am a not who I was a month ago... I am a changed man.

    I have been re indoctrinated and reprogrammed to think things through from now on.
    You're watching too many Obooba commercials...
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

  23. #23
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193

    Post imported post

    Hah! 6200 posts of bathos...needs to get a life away from the keyboard.

  24. #24
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193

    Post imported post

    DT satellite is cranky today

  25. #25
    Regular Member LaVere's Avatar
    Join Date
    May 2007
    Location
    The remains of Flint, Michigan, USA
    Posts
    264

    Post imported post

    I'm sure in Michigan all persons police or civilian have to have a CPL license. While I have not see one of the police CPL. I'm assuming it may show something saying they are police.
    The use of force is a last resort. One aspect of violence is that it is unpredictable. Although your initial intention may be to use limited force, once you have engaged in violence the consequences are unpredictable. Violence always brings about unexpected results and almost always provokes retaliation.

    Dalai Lama

    ************************************************** ********************

    http://www.generalnewsgroup.com/

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •