Open Carry - Displaying Badge

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LEO 229 wrote:

ccloud43 wrote:

OK this may be off topic but Leo I have a question concerning something close to this.

This has been posted before about Lynnhaven Mall and no weapons allowed, but, on the weekends they have VBPD officers that are hired as security. They are off duty officers. Since they are employed as security, and they are not in the official capacity as a law enforcement officer how is it possible thet they may wear their uniforms and act as authorityfor the city?

I know about the 24/7 arresting powers , bit IMHO if they are employed as a security guard for that period of time, and accepting monies from another employer, other than the city, then why shoud they be given special treatment (for lack of a better word) than a normal citizen like myself.

I'm not trying to bash cops, and I dont want anybody else to bash cops over this but i am curious.

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Kinda OT but still deals in badges....

Many departments have contracts with outside companies that hire officers to work for them as security guards. As long as certain criteria is met the officers are allowed to work the assignment.

The outside company pays to salary just like any other employee. The officers are allowed to wear their uniform while on the assignment.

It may seem strange that this is allowed but this is the philosophy behind it.

He is in uniform and this means there is another visible officer out in public that would normally not be. He can respond to any call in the area even if it is off his job site. So what you have is many additional officers out in the public that would not be and at no cost to the town, city, or county!!

This is a huge plus to the citizens that live in the area.

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Thank you for your answer, i still dont agree but i thank you anyway. I guess I will take this up with city councel, not that it will get me anywhere.

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peter nap wrote:

doug23838 wrote:

Badges? We don't need no stinkin' badges.



Sorry. Couldn't resist.

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Someone had to say it sooner or later

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jt1562000 wrote:

I believe it is legal, but is on the line of impersonation. If the individual was to do something that people would view as a law enforcement act, such as holding someone at gun-point, he could possibly be charged with impersonation. It depends on the situation and how the LEO's felt at the time. I would not suggest wearing any kind of badge (CCW, FD, security) unless you are a LEO.

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A lot of private security agencies have badges. It makes people "feel safe" and makes you look official to clients. I can't tell you how many people have looked at my MD security license and said, "Is this real?". Not a badge, mind you, the actual plastic license card the Maryland State Police prints for you.

However, in VA they're very strict about this kinda stuff (Possible LEO impersonation). The following isn't criminal, just violation of a Virginia Administrative Code, which will likely result in revocation of your private security license.

In regards to the security agency:
6 VAC 20-171-230. Business standards of conduct.
A licenssee shall:
...
19. Not use or display the state seal of Virginia or the seal of the Department of Criminal Justice Services, or any portion thereof, or the seal of any political subdivision, or any portion thereof, as a part of any logo, stationary, letter, training document, business card, badge, patch, insignia or other form of identification or advertisement.

In regards to the individual themself:
6 VAC 20-171-320. Registered personnel standards of conduct
A registered individual shall:
...
14. Engage in no conduct which through word, deed, or appearance suggests that a registrant is a law-enforcement officer, or other government official.
...
17. If a uniform is required, wear the uniform required by his employer. If wearing a uniform while employed as an armed security officer, unarmed security officer, alarm respondent or armored car personnel, that uniform must:

a. Include at least one insignia clearly identifying the name of the licensed firm employing the individual and, except armored car personnel, a name plate or tape bearing, as a minimum, the individual's last name attached on the outermost garment, except rainwear worn only to protect from inclement weather; and

b. Include no patch or other writing (i) containing the word "police" or any other word suggesting a law-enforcement officer; (ii) containing the word "officer" unless used in conjunction with the word "security"; or (iii) resembling any uniform patch or insignia of any duly constituted law-enforcement agency of this Commonwealth, its political subdivisions or of the federal government. This restriction shall not apply to individuals who are also duly sworn special police officers, to the extent that they may display words that accurately represent that distinction.

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Cross-post from the other thread:

I’m driving a 2000 Police Interceptor that still looks very much like a police car. When I’m driving it I have to be very careful not to do anything that actively makes it look like I’m trying to impersonate the police. I cannot stop and help someone on the side of the road. If I’m driving behind someone I cannot flash my lights to pass. In fact, if I’m driving behind someone and my lights are off I don’t turn them on, or on I don’t turn them off.

You have to be VERY careful if you’re silly enough to wear a badge, especially with a gun openly carried on your belt. You need to weigh every word you say to anyone with consideration to whether they might think you’re a police officer. Is someone letting you go ahead of them in the check-out line at the market because they’re being nice or because they think you’re a cop? If you tell the cashier at the 7-11 you think he’s overcharged you for a hotdog, does he agree because you were right or because he thinks you’re a cop? If anyone who was fooled by your badge sees you get into a car that’s not a police car and calls the cops, you can be arrested. The cops don’t mess around when it comes to police impersonation, and neither will a judge.

The badge has no authority and serves absolutely no lawful purpose.

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Mainsail wrote:

Snipped.... The badge has no authority and serves absolutely no lawful purpose.

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[/quote][/quote]
[/quote]So true....

You could have bought a real nice accessory for your gun with the money spent on the badge.

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Legal, probably. Bad idea, definitely.

I agree with the possibilities that he either wants to avoid people asking questions/panicking about his weapon, or that he wants an ego boost. I see examples of the latter type all the time in the aviation world--guys get a private pilot's license in a 40-year-old Cessna that cruises at highway speeds, then run out and get pilot wings, bumper stickers, aviator sunglasses and a leather jacket, "my other car is an airplane" license plate holders, etc. etc. On the one hand, it's great that they've found something they enjoy and want to share it, but they seem to lack a sense of proportion (or humility). :?

It'll suck to be him when somebody comes running up to get his assistance with a traffic accident or something; he'll either try to help (impersonating an officer) or he'll have to explain that he's not really a LEO and he just likes to wear a badge because, um, well, .....:uhoh: