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Question about SB 234 regarding LEO's

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
Hello OCDO,

First post, long-time part-time troll

Question regarding SB 234. First some back story. I work for the Federal Bureau of Prisons, as such I am considered a federal leo. Because of LEOSA I can conceal carry across all 50 states and D.C. WITHOUT and permit or licence, even if there is a handgun bun (prior to SCOTUS overturning bans). So, I can conceal carry in Florida without a permit. But, with SB 234 requiring licenced CCW permits to be able to open carry, do I have to get the permit in order to open carry as a law enforcement officer?

If I cant open carry, at least I would be able to conceal carry at college it the bill gets signed, right?
 

maps761

Regular Member
Joined
Jan 7, 2011
Messages
44
Location
Florida
Handgun Bun

First you have to tell us what a "Handgun Bun" is. I might want to get one of those! :lol:

Sorry, couldn't resist.
 

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
Hello OCDO,

First post, long-time part-time troll

Question regarding SB 234. First some back story. I work for the Federal Bureau of Prisons, as such I am considered a federal leo. Because of LEOSA I can conceal carry across all 50 states and D.C. WITHOUT and permit or licence, even if there is a handgun bun (prior to SCOTUS overturning bans). So, I can conceal carry in Florida without a permit. But, with SB 234 requiring licenced CCW permits to be able to open carry, do I have to get the permit in order to open carry as a law enforcement officer?

If I cant open carry, at least I would be able to conceal carry at college it the bill gets signed, right?

**handgun carry ban** ie. Illinois bans OC and CC. Its nice to know that I would be one of a handful of people able to CC in the enemy stronghold of Chicago.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
**handgun carry ban** ie. Illinois bans OC and CC. Its nice to know that I would be one of a handful of people able to CC in the enemy stronghold of Chicago.

It is my understanding that corrections officers were NOT included in the Law Enforcement Officers Safety Act of 2004. Do you have a cite to the contrary?
http://www.philadelphiaarcheryandgunclub.com/HR218.pdf

Part of the reason for not being included IMO is that COs lack the power of statutory arrest and are often not authorized by their department off carry off duty.

Also for those for which LEOSA would benefit, be aware that the GFSZ still applies to you.
There is no exemption for off duty or retired LEOs. Check it out and be safe.
 

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
We do have a limited arrest authority. I have limited arrest authority during an escape. It doesnt matter how small of an authority you have, its still law enforcement. To work at any federal prison you have to be under the age of 37 due to law enforcement retirement. Its either 6(c) or 12(c), something like that. Dont feel like taking the time to look it up right now. But I am LEO and covered under LEOSA.

Guess I'll start the process of getting the proper infringement paperwork started so that on July 1, 2011 I can be labeled MWAG.
 

Grapeshot

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Messages
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We do have a limited arrest authority. I have limited arrest authority during an escape. It doesnt matter how small of an authority you have, its still law enforcement. To work at any federal prison you have to be under the age of 37 due to law enforcement retirement. Its either 6(c) or 12(c), something like that. Dont feel like taking the time to look it up right now. But I am LEO and covered under LEOSA.

Guess I'll start the process of getting the proper infringement paperwork started so that on July 1, 2011 I can be labeled MWAG.

While I do not know where you ascertain claimed "arrest authority," I can tell you as a retired DCJS State Academy Instructor in Virginia that falls under our mandate regarding maintaining custody and control and is not "statutory arrest authority." Even as a federal corrections officer your claim is nebulous at best.

You may be right; however, others have concurred with my view. Best thing that I can suggest to you is before you venture out into that arena, you do take the time to look up the specifics and NOT take anybody's word for it. The potential penalty for being wrong is too great.
 

skidmark

Campaign Veteran
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Messages
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Valhalla
Getting past the querstion of if you legally qualify under LEOSA or not - the answer to your question is "NO" because OC will only be permitted for those holding a CCW. There is nothing that says non-uniformed LEO of any kind from anywhere can OC. LEOs who are in-state and in uniform OC under the statutory authority creating police forces and giving those police forces the authority to establish uniform (as in "costume") regulations. LEOs who are from out of state but on official business in-state OC as a professional courtesy.

My bet is that so far you have either not been challenged for CC without a state permit or whoever saw your FBOP badge gave you a professional courtesy pass. Do not try that in Virginia - the cops here are trained that correctional officers from anywhere are not considered cops, not covered by LEOSA, and can only arrest (as in legal arrest authority) an escaped convict. Anyone aiding and abetting an escape or escapee can be detained by a correctional officer in Virginia under the law of citizen's arrest.

stay safe.
 

Grapeshot

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The question of LEOSA application is germane because he intimated that he could carry in Chicago under that authority.

The answer to the best of my knowledge is an unqualified NO - that was the purpose in asking him for a cite.
 

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
job announcement on usajobs.com
http://jobview.usajobs.gov/GetJob.aspx?JobID=97277582&JobTitle=Correctional+Officer&sort=rv%2c-dtex&rad_units=miles&nosal=True&brd=3876&pp=25&occ=4231&qt=default&vw=b&re=134&FedEmp=Y&FedPub=Y&caller=advanced.aspx&AVSDM=2011-02-24+17%3a36%3a00

AGE REQUIREMENT:

In accordance with 5 U.S.C. 3307, a maximum entry age of 36 has been established for initial appointment to a position in a Bureau of Prisons institution. If you are above the maximum entry age and have prior federal law enforcement coverage, you MUST submit an SF-50 to verify prior coverage.

Here is a corrections forum I sometimes visit.
http://www.prisonofficer.org/law-en...ety-act/198-federal-bureau-prisons-leosa.html

There is a pdf that I can email, its too big a file to upload in text or pdf.
 
Last edited:

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
So, as far as the opening question, I need a cwp. As far as the side topic, I am covered under LEOSA with the ability to cc anywhere (excluding the usual schools, courthouses, my place of work).

Thanx guys.
 

Grapeshot

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So, as far as the opening question, I need a cwp. As far as the side topic, I am covered under LEOSA with the ability to cc anywhere (excluding the usual schools, courthouses, my place of work).

Thanx guys.

Now you are contradicting yourself. In your OP, you contend you did not need a permit per LEOSA - now you say you do. Then above you state again that you may CC "anywhere" (any state) per LEOSA.

I renew my request for a definitive cite wherein LEOSA states or a court of record has determined that a corrections office is qualified under that statute to carry w/o a recognized and accepted permit anywhere otherwise not restricted in all fifty states.

You've already had it pointed out the LE in Virginia would not look kindly upon such an act, yet you continue to ignore OCDO rules regarding citing.

Quoting from your OP,"First post, long-time part-time troll" Please take the opportunity to disprove your choice of that negative term as it might apply to you.
 

skidmark

Campaign Veteran
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Messages
10,444
Location
Valhalla
Grapeshot - you seem to have missed a finer point. The OP believes he can CC based on LEOSA and his status as a FBOP CO. However, he will not be allowed to OC in Florida based on LEOSA because 1) LEOSA only allows him to CC and 2) Florida's SB 234 only allows OC with a Florida CCW. BUt since it seems SB 234 is not going to get a chance this year, the whole issue of OCing seems to be moot for him.

As to whether or not he actually qualifies for coverage under LEOSA - that is a question to be answered either in advance by a competent attorney in possession of all the facts of his employment status and the restrictions of LEOSA, or afterwards by a court of competent jurisdiction.

If I were a betting man and had money to bet with, I'd put my money on your (our) opoinion that he is not covered by LEOSA and if he has been asked by some LEO for his creds he has been given a professional courtesy pass by a LEO that did not want to fill out all that paperwork if he could avoid it.

stay safe.
 

Grapeshot

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Messages
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Location
Valhalla
Grapeshot - you seem to have missed a finer point. The OP believes he can CC based on LEOSA and his status as a FBOP CO. However, he will not be allowed to OC in Florida based on LEOSA because 1) LEOSA only allows him to CC and 2) Florida's SB 234 only allows OC with a Florida CCW. BUt since it seems SB 234 is not going to get a chance this year, the whole issue of OCing seems to be moot for him.

As to whether or not he actually qualifies for coverage under LEOSA - that is a question to be answered either in advance by a competent attorney in possession of all the facts of his employment status and the restrictions of LEOSA, or afterwards by a court of competent jurisdiction.

If I were a betting man and had money to bet with, I'd put my money on your (our) opoinion that he is not covered by LEOSA and if he has been asked by some LEO for his creds he has been given a professional courtesy pass by a LEO that did not want to fill out all that paperwork if he could avoid it.

stay safe.

The OP did not state, "I believe or I think." I understand the fine point of his question, but cannot/will not attempt to consider it based on faulty application.

In most states (all?), how a LEO carries off duty is determined by department policy - most frequently LEOs are exempted from the laws governing how others may carry.

He started off with " Because of LEOSA I can conceal carry across all 50 states and D.C," continues with "I can conceal carry in Florida without a permit." The OP closes with "do I have to get the permit in order to open carry as a law enforcement officer?"

I am willing to be educated/informed and have looked extensively and cannot find a cite that would merit such statements. So I wait, but lose no sleep.
 

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
Here is the pdf that every Federal Bureau of Prisons staff member had to sign for. It was sent from the Director of the BOP. It might be difficult to read. It was in pdf format, saved in a text format, then copy/pasted on to word. It might be diffult to tell when the text ends and where all the footnotes starts. The original is 22 pages, I shrunk it down to 13 on word.

I AM law enforcement.
I AM covered under LEOSA.
I CAN conceal carry without a permit (with certain guidelines met).
Thanks to you guys (the ones that are cooperative and not combative or nitpicky), I realize that if SB 234 passes I CANNOT open carry under the letter of the law without a Florida Concealed Weapons Permit.

U.S. Department of Justice
Federal Bureau of Prisons

Office of the Director
Washington, D.C. 20534

February 27, 2006

MEMORANDUM FOR ALL STAFF


FROM:
Harley G. Lappin, Director

SUBJECT:
Guidance Regarding the Law Enforcement OfficersSafety Act (LEOSA)

This memorandum provides updated guidance regarding the LawEnforcement Officers Safety Act of 2004 (P.L. 108-277; 18 U.S.C.
§§ 926B and 926C; July 22, 2004) (LEOSA) as it pertains to Bureauof Prisons (Bureau) staff. My March 14, 2005, memorandum to allstaff titled “Information on Implementation of the Law EnforcementOfficers Safety Act” is hereby rescinded. Management and theUnion met in April 2005 over the implementation of LEOSA. All
matters that were agreed upon between the parties are incorporatedin this memorandum.1 The President of the Council of Prison
Locals received a copy of this memorandum prior to issuance.

LEOSA exempts qualified current and retired law enforcementofficers from State and local laws that prohibit carryingconcealed firearms2 (a copy of LEOSA is included with thismemorandum as an attachment). On January 31, 2005, the

1 Management and the Union could not come to a resolution on the matterof personal weapon storage for staff on BOP property.

2 The law should not be interpreted as granting any benefits other thanthe exemption to State and local prohibitions on the carrying of a concealedfirearm. State and local jurisdictions regulate an individual's ability toobtain a firearms permit or purchase a firearm in a variety of ways. For
example, at least one jurisdiction has imposed a requirement that anindividual's employer verify the employee's need to carry a firearm off dutyas a condition of his or her employment. Bureau staff are not required tocarry a firearm off duty as a condition of employment, and, therefore, theBureau is not responsible for providing a letter of necessity or statement tothis effect.

Department of Justice (Department) issued guidance to allcomponents regarding application of LEOSA to current and retiredDepartment law enforcement officers (a copy of the Department’sguidance is included with this memorandum as an attachment).3
Most BOP staff who have primary or secondary law enforcementstatus are “law enforcement” officers as defined in LEOSA,
because most of these staff are “authorized by the agency tocarry a firearm,” as required by the law (see 18 U.S.C. § 926B(c)(2)). But, certain staff who qualify as “law enforcementofficers” for retirement purposes are NOT “authorized by theagency to carry a firearm,” (for example, Chaplains, as discussedbelow). A staff member’s retirement system status (i.e., lawenforcement status) is a necessary condition but not a sufficientcondition to determine eligibility under LEOSA.4

This memorandum should not be construed as the Bureau of Prisons
encouraging any staff member to take any particular action withregard to LEOSA. Staff must continue to abide by Bureau policiesand/or procedures regarding personal firearms that:

(1) prohibit staff from carrying or using a personal firearmwhile on duty;
(2) prohibit personal firearms from being brought into aninstitution or on the grounds of any Federal prison (exceptfor personal firearms to be used on an institution firingrange as authorized by the Warden, where constant possessionand control of the firearm is maintained);
3 LEOSA defines a qualified current law enforcement officer as anemployee who (1) is authorized by law to engage in or supervise theprevention, detection, investigation, or prosecution of, or the incarcerationof 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 ofany disciplinary action by the agency; (4) meets standards, if any,
established by the agency which require the employee to regularly qualify inthe use of a firearm; (5) is not under the influence of alcohol or anotherintoxicating or hallucinatory drug or substance; and (6) is not prohibited byFederal law from receiving a firearm.
4 The Department’s guidance makes clear that individuals who meet thedefinition of a qualified law enforcement officer under LEOSA may or may not
meet the definition of a law enforcement officer under the Civil Service
Retirement System or the Federal Employees Employee Retirement System.
(Emphasis added.)

- 2


(3) prohibit storing personal firearms in Bureau facilities5 or
in vehicles parked on Bureau property; and
(4) require personal firearms that are owned by staff inreservation housing to be stored in a specified secure areaother than residences.
Personal Responsibility of Off-Duty Employees for Carrying/UsingConcealed Personal Firearms Under LEOSA
The carrying of concealed personal firearms by off-duty staffpursuant to LEOSA is not an extension of official Bureau duties.
Any actions taken by off-duty staff involving personal firearmswill not be considered actions within the scope of Bureauemployment, but rather will be considered actions taken asprivate citizens. Off-duty staff will be individually andpersonally responsible for any event that may relate to thecarrying or use of a concealed personal firearm under LEOSA.

Arrest and law enforcement authorities for Bureau employees aregoverned by statute (18 U.S.C. § 3050) (attached), Federalregulations (28 C.F.R. §§ 511.10-511.16) (attached), theDepartment of Justice Policy Statement on the Use of Deadly Force(attached), and Bureau policy (Program Statement No. 5510.09,Searching, Detaining, or Arresting Persons Other than Inmates;
and Chapter 7 of Program Statement No. 5500.12, CorrectionalServices Procedures Manual on “Firearms and Badges”). These
authorities may be exercised only in furtherance of officialBureau duties as explained in the statute, regulations, andprogram statements. LEOSA does not, within the Act itself, giveoff-duty staff any arrest authority or law enforcement authority.

Additionally, LEOSA exempts qualified current and retired lawenforcement officers from State and local laws that prohibit“carrying” concealed firearms. LEOSA’s language does not includeexemptions from State and local laws for any other firearms-
related activities, for example, purchasing, registering,
licensing, or the permissible use of firearms. It is, therefore,
incumbent upon off-duty staff to be aware of the laws,
ordinances, regulations, etc., within their jurisdiction that mayimpact any aspect of their ability to obtain, carry, or use apersonal firearm under LEOSA.

5 On April 7, 2005, Management and the Executive Board of the Council ofPrison Locals agreed that “local supplemental agreements or MOUs negotiatedunder the current Master Agreement remain in effect under the terms of thecurrent Master Agreement and are not affected by this guidance unless they arecontrary to or are in violation of law (statute) or regulation.”

- 3


Use of Bureau of Prisons Identification for LEOSA PurposesFollowing Union negotiations, the Bureau has decided to approvestaff use of Bureau identification cards or credentials for LEOSA
purposes. Consequently, the Bureau will no longer issue specificLEOSA identification cards. Staff who received a LEOSA
identification card pursuant to the March 14, 2005, guidance mustreturn it to the Employee Services Department within two weeks ofthe date of this memorandum.

Bureau identification cards or credentials may always be used bystaff to verify Bureau employment to any entity. This includes,
but is not limited to, presenting your Bureau identification cardor credentials, when necessary, to another Federal, State, orlocal law enforcement officer for purposes of explaining youreligibility to carry a concealed personal firearm in public underLEOSA. This situation could arise during a routine traffic stop,
while shopping in public, or in other situations.

In these type situations, it is important that off-duty staff notmisrepresent that they are acting in furtherance of theirofficial Bureau duties. There should never be a time when off-
duty staff claim to be carrying a concealed personal firearm as
part of their Bureau employment or in furtherance of their
official Bureau duties.

LEOSA does not alter the Bureau’s policy which allows the use ofBureau credentials to obtain permissible discounts offered to abroad class of Government employees (see Bureau Program StatementNo. 3420.09, Standards of Employee Conduct, Section 17.c).
Neither does LEOSA change the Bureau’s policy regarding badges.
Official Bureau identification badges will be issued to staffonly when they are assigned to duties that require the carryingof a firearm (see Bureau Program Statement No. 5500.12,
Correctional Services Procedures Manual, Section 705).

Outside EmploymentThe Bureau rescinds its categorical prohibition on outsideemployment which requires the use of a firearm (see BureauProgram Statement No. 3420.09, Standards of Employee Conduct,
Section 18). The Program Statement will be amended to reflectthis change.

Employees are reminded that pursuant to 5 C.F.R. § 3801.106(b)(ii)
they are still prohibited from engaging in outside employmentthat involves criminal matters. “Criminal matters,” for thispurpose, includes involvement with a Federal, State, or local lawenforcement agency, or with inmates as defined in the Standardsof Conduct, or with State and local inmates. In addition, the

- 4

prohibition covers outside employment that requires beingdeputized, granted police powers or arrest authority, orinvolvement with the courts. All requests for outside employmentthat require the carrying of a firearm must be reviewed andapproved by the staff member’s immediate supervisor, CEO, and theEthics Office prior to beginning the outside employment.

Specific examples of prohibited outside employment may include,
but are not limited to: auxiliary, reserve, or regular policeofficers; sheriffs or deputy sheriffs; and other positions thatprovide police or arrest powers to enforce criminal laws.

Specific examples of permissible outside employment may include,
but are not limited to: a property repossessor charged withrecovering property on behalf of a financial institution, a storesecurity guard, positions involving search and rescue operations,
and other positions that do not require the use of police powersor arrest authority, but may allow the carrying of a firearm.

Disciplinary ActionTo be a qualified law enforcement officer for purposes of LEOSA,
an employee must not be “the subject of any disciplinary actionby the agency.”6 For this purpose, the Bureau considers anemployee to be the subject of “any disciplinary action” when thedecision letter is issued to the employee (meaning, disciplinaryaction begins). Disciplinary action ends when all sanctions thatwere issued are completed. “Disciplinary action” includes bothdisciplinary and adverse actions as stated in the MasterAgreement and Title 5 C.F.R. Part 3801. For demotion actions and
letters of reprimand, the sanction is deemed completed on thedate the letter rendering the demotion action or the letter ofreprimand is issued.

Public Health Service Officers
Public Health Service (PHS) officers detailed to the Bureau donot have the statutory powers of arrest conferred upon Bureaustaff by 18 U.S.C. § 3050 (see 28 C.F.R. § 511.10(b)).
Consequently, these PHS officers do not meet one of the necessarycriteria in the LEOSA definition of a “qualified law enforcementofficer,” and do not qualify to carry a concealed personalfirearm pursuant to LEOSA.

6 See Bureau Program Statement No. 3420.09, Standards of Employee
Conduct, for a review of what is considered to be disciplinary action by theBureau.

- 5


ChaplainsBureau Program Statement No. 3939.07, Chaplains’ Employment,
Responsibilities, and Endorsements, expressly prohibits chaplainsfrom participating in firearms training, which likewise prohibitsthem from being issued firearms to perform official Bureauduties. Consequently, because chaplains are not “authorized bythe agency to carry a firearm,” they do not meet one of thenecessary criteria to be a “qualified law enforcement officer”
for LEOSA purposes, and do not qualify to carry a concealedpersonal firearm pursuant to LEOSA.

Employees For Whom Firearms Qualification is OptionalEmployees in non-institution, primary or secondary lawenforcement status (e.g., Central Office and Regional staff), maychoose to complete the Bureau’s firearms qualification program inorder to remain authorized to be issued a firearm as part ofofficial Bureau duties. Such staff should consult with their
Employee Services Department to determine the most appropriatemethod for qualifying. Most likely, the Employee ServicesDepartment will have to coordinate with a Bureau facility thatprovides firearms qualification to determine a suitable time fornon-institution staff.

Retired Law Enforcement Officers
Some Bureau retirees who were law enforcement officers will wish
to take advantage of this law. The guidance from the Departmentrequires that a retiree’s identification include the name ofthe individual, the individual’s photograph, an identificationnumber traceable to the bearer, the date the employee retiredin good standing, and the phrase “Retired Law EnforcementOfficer.” Guidance regarding the issuing of the requiredidentification cards to retirees is contained in a March 30,2005, memorandum from W. Elaine Chapman, Acting AssistantDirector, Human Resource Management Division, to EmployeeServices Administrators and Managers titled “Additional Guidanceand Procedures for Bureau Retirees to Obtain a Law Enforcement
Officers Safety Act Identification Card.”

The Bureau will not be responsible for training or qualifyingretirees to carry a concealed personal firearm under LEOSA. In
order to be authorized under LEOSA to carry a firearm, a Bureauretiree must qualify in accordance with State standards foractive law enforcement officers, as provided in LEOSA (18 U.S.C.
§ 926C(d)(2)(B)), and the guidance from the Department.

Copies of LEOSA to EmployeesAll Bureau employees will be provided a copy of this guidancememorandum and its attachments and are required to sign toacknowledge receipt of these documents.

Attachments

- 6


Acknowledgment of Receipt of Guidance Materials
Regarding the Law Enforcement Officers Safety Act of 2004


I have received a copy of the Law Enforcement Officers Safety Act

(P.L. 108-277); the Bureau of Prisons February 27, 2006,
memorandum titled “Guidance Regarding the Law EnforcementOfficers Safety Act (LEOSA);” the Department of Justice’s January31, 2005, memorandum titled “Guidance on the Application of theLaw Enforcement Officers Safety Act of 2004 to Current andRetired Department of Justice Law Enforcement Officers,” title 18
U.S.C. § 3050; 28 C.F.R. §§ 511.10-511.16, and the Department ofJustice Policy Statement on the Use of Deadly Force.
Staff Member Printed Name

Staff Member Signature

Date Signed

Place this form on the left side of the employee’s OfficialPersonnel Folder


Title 18, United States Code

§ 3050. Bureau of Prisons employees’ powers

An officer or employee of the Bureau of Prisons may—

(1) make arrests on or off of Bureau of Prisons property without warrant for violations of
the following provisions regardless of where the violation may occur: sections 111
(assaulting officers), 751 (escape), and 752 (assisting escape) of title 18, United States
Code, and section 1826 (c) (escape) of title 28, United States Code;
(2) make arrests on Bureau of Prisons premises or reservation land of a penal, detention,
or correctional facility without warrant for violations occurring thereon of the following
provisions: sections 661 (theft), 1361 (depredation of property), 1363 (destruction of
property), 1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of title 18,
United States Code; and
(3) arrest without warrant for any other offense described in title 18 or 21 of the United
States Code, if committed on the premises or reservation of a penal or correctional
facility of the Bureau of Prisons if necessary to safeguard security, good order, or
government property;
if such officer or employee has reasonable grounds to believe that the arrested person is guilty of
such offense, and if there is likelihood of such person’s escaping before an arrest warrant can be
obtained. If the arrested person is a fugitive from custody, such prisoner shall be returned to
custody. Officers and employees of the said Bureau of Prisons may carry firearms under such
rules and regulations as the Attorney General may prescribe.

PUBLIC LAW 108–277—JULY 22, 2004 118 STAT. 865


Public Law 108–277
108th Congress
An Act

To amend title 18, United States Code, to exempt qualified current and former
law enforcement officers from State laws prohibiting the carrying of concealed
handguns.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Law Enforcement Officers Safety
Act of 2004’’.

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS
FROM STATE LAWS PROHIBITING THE CARRYING OF
CONCEALED FIREARMS.

(a) IN GENERAL.—Chapter 44 of title 18, United States Code,
is amended by inserting after section 926A the following:
‘‘§ 926B. Carrying of concealed firearms by qualified law
enforcement officers

‘‘(a) Notwithstanding any other provision of the law of any
State or any political subdivision thereof, an individual who is
a qualified law enforcement officer and who is carrying the identification
required by subsection (d) may carry a concealed firearm
that has been shipped or transported in interstate or foreign commerce,
subject to subsection (b).

‘‘(b) This section shall not be construed to supersede or limit
the laws of any State that—
‘‘(1) permit private persons or entities to prohibit or restrict
the possession of concealed firearms on their property; or

‘‘(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building, base,
or park.
‘‘(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;

July 22, 2004

[H.R. 218]
Law Enforcement
Officers Safety
Act of 2004.
18 USC 921 note.

118 STAT. 866 PUBLIC LAW 108–277—JULY 22, 2004

‘‘(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.
‘‘(d) The identification required by this subsection is the photo


graphic identification issued by the governmental agency for which
the individual is employed as a law enforcement officer.
‘‘(e) As used in this section, the term ‘firearm’ does not include—
‘‘(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
‘‘(2) any firearm silencer (as defined in section 921 of this
title); and
‘‘(3) any destructive device (as defined in section 921 of
this title).’’.

(b) CLERICAL AMENDMENT.—The table of sections for such
chapter is amended by inserting after the item relating to section
926A the following:
‘‘926B. Carrying of concealed firearms by qualified law enforcement officers.’’.

SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS
FROM STATE LAWS PROHIBITING THE CARRYING
OF CONCEALED FIREARMS.

(a) IN GENERAL.—Chapter 44 of title 18, United States Code,
is further amended by inserting after section 926B the following:
‘‘§ 926C. Carrying of concealed firearms by qualified retiredlaw enforcement officers

‘‘(a) Notwithstanding any other provision of the law of any
State or any political subdivision thereof, an individual who is
a qualified retired law enforcement officer and who is carrying
the identification required by subsection (d) may carry a concealed
firearm that has been shipped or transported in interstate or foreign
commerce, subject to subsection (b).

‘‘(b) This section shall not be construed to supersede or limit
the laws of any State that—
‘‘(1) permit private persons or entities to prohibit or restrict
the possession of concealed firearms on their property; or

‘‘(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building, base,
or park.
‘‘(c) As used in this section, the term ‘qualified retired law

enforcement officer’ means an individual who—

‘‘(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons
of mental instability;

‘‘(2) before such retirement, was 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 had statutory powers of arrest;

‘‘(3)(A) before such retirement, was regularly employed as
a law enforcement officer for an aggregate of 15 years or more;
or

‘‘(B) retired from service with such agency, after completing
any applicable probationary period of such service, due to a
service-connected disability, as determined by such agency;

‘‘(4) has a nonforfeitable right to benefits under the retirement
plan of the agency;

PUBLIC LAW 108–277—JULY 22, 2004 118 STAT. 867

‘‘(5) during the most recent 12-month period, has met,
at the expense of the individual, the State’s standards for
training and qualification for active law enforcement officers
to carry firearms;


‘‘(6) is not under the influence of alcohol or another intoxicating
or hallucinatory drug or substance; and


‘‘(7) is not prohibited by Federal law from receiving a
firearm.
‘‘(d) The identification required by this subsection is—


‘‘(1) a photographic identification issued by the agency from
which the individual retired from service as a law enforcement
officer that indicates that the individual has, not less recently
than one year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the agency
to meet the standards established by the agency for training
and qualification for active law enforcement officers to carry
a firearm of the same type as the concealed firearm; or


‘‘(2)(A) a photographic identification issued by the agency
from which the individual retired from service as a law enforcement
officer; and


‘‘(B) a certification issued by the State in which the individual
resides that indicates that the individual has, not less
recently than one year before the date the individual is carrying
the concealed firearm, been tested or otherwise found by the
State to meet the standards established by the State for
training and qualification for active law enforcement officers
to carry a firearm of the same type as the concealed firearm.
‘‘(e) As used in this section, the term ‘firearm’ does not include—


‘‘(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
‘‘(2) any firearm silencer (as defined in section 921 of this
title); and
‘‘(3) a destructive device (as defined in section 921 of this
title).’’.


(b) CLERICAL AMENDMENT.—The table of sections for such
chapter is further amended by inserting after the item relating
to section 926B the following:
‘‘926C. Carrying of concealed firearms by qualified retired law enforcement officers.’’.


Approved July 22, 2004.

LEGISLATIVE HISTORY—H.R. 218 (S. 253):

HOUSE REPORTS: No. 108–560 (Comm. on the Judiciary).
SENATE REPORTS: No. 108–29 accompanying S. 253 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 150 (2004):


June 23, considered and passed House.
July 7, considered and passed Senate.


Æ


§ 506.1

§ 506.1 What is the purpose of individual
inmate commissary accounts?


The purpose of individual inmate
commissary accounts is to allow the
Bureau to maintain inmates’ monies
while they are incarcerated. Family,
friends, or other sources may deposit
funds into these accounts.

§ 506.2 How may family, friends, or
other sources deposit funds into an
inmate commissary account?

(a) Family and friends must mail deposits
to the centralized inmate commissary
account at the address we provide.
(1) The deposit envelope must not
contain any enclosures intended for delivery
to the inmate. We may dispose
of any enclosure.
(2) The deposit must be in the form of
a money order made out to the inmate’s
full name and complete register
number. We will return checks to the
sender provided the check contains an
adequate return address.
(b) Other sources, (such as tax refunds,
dividends from stocks, or state
benefits) must be forwarded for deposit
to the centralized inmate commissary
account.
PART 511—GENERAL
MANAGEMENT POLICY


Subpart A [Reserved]


Subpart B—Searching and Detaining or
Arresting Persons Other Than Inmates


Sec.

511.10 Purpose and scope.
511.11 Definitions.
511.12 Procedures for searching visitors.
511.13 Controlled visiting—denying visits.
511.14
Right of refusal/termination of a
visit.
511.15 Detaining visitors.
511.16 Use of arrest authority.
AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 751, 752,
1791, 1792, 1793, 3050, 3621, 3622, 3624, 4001, 4012,
4042, 4081, 4082 (Repealed as to offenses committed
on or after November 1, 1987), 5006–
5024 (Repealed October 12, 1984 as to offenses
committed after that date), 5039; 28 U.S.C.
509, 510; 28 CFR 0.95–0.99, 6.1.

SOURCE: 49 FR 44057, Nov. 1, 1984, unless
otherwise noted.

28 CFR Ch. V (7–1–05 Edition)

Subpart A [Reserved]

Subpart B—Searching and Detaining
or Arresting Persons Other
Than Inmates

§ 511.10 Purpose and scope.

(a) In an effort to prevent the introduction
of contraband (such prohibited
objects as defined in § 511.11(c)) into an
institution, Bureau of Prisons staff
may subject all persons entering an institution,
or during their presence in
an institution, to a search of their persons
and effects.
(b) Title 18, United States Code, section
3050 authorizes Bureau of Prisons
employees (does not include United
States Public Health Service employees)—
(1) To make an arrest on or off Bureau
of Prisons premises without warrant
for violation of the following provisions
regardless of where the violation
may occur: section 111 (assaulting
officers), section 751 (escape), section
752 (assisting escape) of title 18, United
States Code, and section 1826(c) (escape)
of title 28, United States Code;
(2) To make an arrest on Bureau of
Prisons premises or reservation land of
a penal, detention, or correctional facility
without warrant for violation occurring
thereon of the following provisions:
section 661 (theft), section 1361
(depredation of property), section 1363
(destruction of property), section 1791
(contraband), section 1792 (mutiny and
riot), and section 1793 (trespass) of title
18, United States Code, and
(3) To arrest without warrant for any
other offense described in title 18 or 21
of the United States Code, if committed
on the premises or reservation
of a penal or correctional facility of
the Bureau of Prisons if necessary to
safeguard security, good order, or government
property. Bureau policy provides
that such an arrest may be made
when staff has probable cause to believe
that a person has committed one
of these offenses and when there is
likelihood of the person escaping before
a warrant can be obtained.
[59 FR 5924, Feb. 8, 1994]

526


Bureau of Prisons, Justice

§ 511.11 Definitions.

(a) Reasonable suspicion. As used in
this rule, reasonable suspicion exists if
the facts and circumstances that are
known to the Warden warrant rational
inferences by a person with correctional
experience that a person is engaged,
or attempting or about to engage,
in criminal or other prohibited
behavior. A reasonable suspicion may
be based on reliable information, even
if that information is confidential; on a
positive reading of a metal detector; or
when contraband or an indicia of contraband
is found during search of a
visitor’s personal effects.
(b) Probable cause. As used in this
rule, probable cause exists if the facts
and circumstances that are known to
the Warden would warrant a person of
reasonable caution to believe that an
offense has been committed.
(c) Prohibited object. A firearm or destructive
device; ammunition; a weapon
or an object that is designed or intended
to be used as a weapon or to facilitate
escape from a prison; a narcotic
drug, lysergic acid diethylamide,
or phencyclidine; a controlled substance
or alcoholic beverage; any
United States or foreign currency; and
any other object that threatens the
order, discipline, or security of a prison,
or the life, health, or safety of an
individual.
[59 FR 5924, Feb. 8, 1994]

§ 511.12 Procedures for searching visitors.


(a) The Warden shall post a notice
outside the institution’s secure perimeter
advising all persons that it is a
Federal crime to bring upon the institution
grounds any weapons, intoxicants,
drugs, or other contraband, and
that all persons, property (including
vehicles), and packages are subject to
search. A person may not use either a
camera or recording equipment on institution
grounds without the written
consent of the Warden.
(b) The Warden may require visitors
entering the institution from outside
the secure perimeter to submit to a
search:
(1) By electronic means (for example,
walk-through and/or hand-held metal
detector).
§ 511.13

(2) Of personal effects. The institution
ordinarily provides locker space
for personal effects not taken into the
visiting room.
(c) The Warden may authorize a pat
search of a visitor as a prerequisite to
a visit when there is reasonable suspicion
that the visitor possesses contraband,
or is introducing or attempting
to introduce contraband into the
institution.
(d) The Warden may authorize a visual
search (visual inspection of all
body surfaces and cavities) of a visitor
as a prerequisite to a visit to an inmate
in a low and above security level
institution, or administrative institution,
or in a pretrial or in a jail (detention)
unit within any security level institution
when there is reasonable suspicion
that the visitor possesses contraband
or is introducing or attempting
to introduce contraband into the
institution.
(e) The Warden may authorize a
breathalyzer or urine surveillance test
or other comparable test of a visitor as
a prerequisite to a visit to an inmate
when there is reasonable suspicion that
the visitor is under the influence of a
narcotic, drug, or intoxicant. As stated
in § 511.14, the visitor may refuse to
take the test, but the visit will not be
allowed.
(f) A pat search, visual search, or
urine surveillance test is to be conducted
by a person of the same sex as
the visitor. A pat search, visual search,
urine surveillance, or breathalyzer test
shall be conducted out of the view of
other visitors and inmates.
[49 FR 44057, Nov. 1, 1984, as amended at 51
FR 26126, July 18, 1986; 56 FR 4159, Feb. 1,
1991; 59 FR 5925, Feb. 8, 1994; 63 FR 11818, Mar.
10, 1998]

§ 511.13 Controlled visiting—denying
visits.

(a) The Warden may restrict visiting
to controlled situations or to more
closely supervised visits when there is
any suspicion that the visitor is introducing
or attempting to introduce contraband,
or when there has been a prior
incident of such introduction or attempted
introduction, or when there is
527


§ 511.14

any concern, based upon sound correctional
judgment, about the visitor presenting
a risk to the orderly running of
the visiting room or area.

(b) The Warden may deny visiting
privileges when a controlled or closely
supervised visit is not possible.
(c) Staff shall deny admission to the
institution to a visitor who refuses to
be screened by a metal detector or who
refuses to undergo a search of person
and/or effects as dictated by these
rules.
§ 511.14 Right of refusal/termination of
a visit.

(a) A visitor who objects to any of
the search or test or entrance procedures
has the option of refusing and
leaving the institution property, unless
there is reason to detain and/or arrest.
(b) Staff may terminate a visit upon
determining that a visitor is in possession
of, or is passing or attempting to
pass contraband not previously detected
during the search process, or is
engaged in any conduct or behavior
which poses a threat to the orderly or
secure running of the institution, or to
the safety of any person in the institution.
The staff member terminating the
visit is to prepare written documentation
describing the basis for this action.
§ 511.15 Detaining visitors.

(a) Staff may detain a visitor or any
person who is found to be introducing
or attempting to introduce such contraband
as narcotics, intoxicants, lethal
or poisonous chemicals or gases,
guns, knives, or other weapons, or who
is engaged in any other conduct which
is a violation of law (including, but not
limited to, actions which assist escape,
such as possession of escape paraphernalia,
or which induce riots), pending
notification and arrival of appropriate
law enforcement officials. The
standard for such detention is a finding,
based on probable cause, that the
person has engaged in such a violation.
Institution staff should not interrogate
suspects unless immediate questioning
is necessary to protect the security of
the institution or the life or safety of
any person.
(b) Staff shall employ only the minimum
amount of force necessary to de28
CFR Ch. V (7–1–05 Edition)

tain the individual. Visitors will be detained
in an area away from the sight
of, and where there can be no contact
with, other visitors and inmates.

§ 511.16 Use of arrest authority.

To effect an arrest under any of the
cited sections in § 511.10(b) of this part,
or under any future arrest authorization
statute that may be approved by
the Congress of the United States, staff
shall have probable cause that the suspected
individual is violating the law.
Whenever possible, the Warden or designee
shall make the determination as
to whether an arrest should occur.

PART 512—RESEARCH

Subpart A [Reserved]

Subpart B—Research

Sec.

512.10 Purpose and scope.
512.11
Requirements for research projects
and researchers.
512.12 Content of research proposal.
512.13 Institutional Review Board.
512.14
Submission and processing of proposal.
512.15 Access to Bureau of Prisons records.
512.16 Informed consent.
512.17
Monitoring approved research
projects.
512.18 Termination or suspension.
512.19 Reports.
512.20
Publication of results of research
project.
512.21 Copyright provisions.
AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 3621, 3622,
3624, 4001, 4042, 4081, 4082 (Repealed in part as
to offenses committed on or after November
1, 1987), 5006–5024 (Repealed October 12, 1984
as to offenses committed after that date),
5039; 28 U.S.C. 509, 510; 28 CFR 0.95–0.99.

Subpart A [Reserved]

Subpart B—Research

SOURCE: 59 FR 13860, Mar. 23, 1994, unless
otherwise noted.

§ 512.10 Purpose and scope.

General provisions for the protection
of human subjects during the conduct
of research are contained in 28 CFR
part 46. The provisions of this subpart
B specify additional requirements for

528


DEPARTMENT OF JUSTICE
POLICY STATEMENT ON THE USE OF DEADLY FORCE


(Approved July 1, 2004)


GENERAL PRINCIPLES


I.
Law enforcement officers and correctional officers of the
Department of Justice may use deadly force only when
necessary, that is, when the officer has a reasonable belief
that the subject of such force poses an imminent danger of
death or serious physical injury to the officer or to
another person.
A.
Deadly force may not be used solely to prevent the
escape of a fleeing suspect.
B.
Firearms may not be fired solely to disable moving
vehicles.
C.
If feasible and if to do so would not increase the
danger to the officer or others, a verbal warning to
submit to the authority of the officer shall be given
prior to the use of deadly force.
D.
Warning shots are not permitted outside of the prison
context.
E.
Officers will be trained in alternative methods and
tactics for handling resisting subjects which must be
used when the use of deadly force is not authorized by
this policy.
CUSTODIAL SITUATIONS


II.
Unless force other than deadly force appears to be
sufficient, deadly force may be used to prevent the escape
of a prisoner committed to the custody of the Attorney
General or the Bureau of Prisons
A.
if the prisoner is effecting his or her escape in a
manner that poses an imminent danger to the safety of
the officer or another person; or
B.
if the prisoner is escaping from a secure facility or
is escaping while in transit to or from a secure
facility.
III. If the subject is in a non-secure facility, deadly force may
be used only when the subject poses an imminent danger of
death or serious physical injury to the officer or another
person.

IV.
If the subject is in transit to or from a non-secure
facility and is not accompanied by a person who is in
transit to or from a secure facility, deadly force may be
used only when the subject poses an imminent danger of death
or serious physical injury to the officer or to another
person.
V.
After an escape from a facility or vehicle and its immediate
environs has been effected, officers attempting to apprehend
the escaped prisoner may use deadly force only when the
escaped prisoner poses an imminent danger of death or
serious physical injury to the officer or another person.
VI.
Deadly force may be used to maintain or restore control of a
prison or correctional facility when the officer reasonably
believes that the intended subject of the deadly force is
participating in a disturbance in a manner that threatens
the safety of the officer or another person.
VII. In the prison context, warning shots may be fired within or
in the immediate environs of a secure facility if there is
no apparent danger to innocent persons: (A) If reasonably
necessary to deter or prevent the subject from escaping from
a secure facility; or (B) if reasonably necessary to deter
or prevent the subject’s use of deadly force or force likely
to cause serious physical injury.
APPLICATION OF THE POLICY


VIII. This Policy is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at
law or in equity, against the United States, its
departments, agencies, or other entities, its officers or
employees, or any other person.
- 2
 
Last edited:

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
Yes, off of duty, the BOP holds no responsibility for any actions taken by staff. Any use of a weapon is outside our scope of duty.

BUT, if we are stopped by cops, searched, and a gun is found; the BOP will take our defense that we are authorized to carry without a permit.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Yes, off of duty, the BOP holds no responsibility for any actions taken by staff. Any use of a weapon is outside our scope of duty.

BUT, if we are stopped by cops, searched, and a gun is found; the BOP will take our defense that we are authorized to carry without a permit.

Am really trying to be patient here - posting a huge, multi-page document is not citing, it is overloading. Futher, your cited material is a departmental "Memorandum" of opinion - hardly a valid source. Neither statute law nor court decision were noted as requested.

Nevertheless, I will quote from the document you provided a selection you did NOT highlight. To wit:
These authorities may be exercised only in furtherance of official Bureau duties as explained in the statute, regulations, and program statements. LEOSA does not, within the Act itself, give off-duty staff any arrest authority or law enforcement authority.
 

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
tle 18, United States Code § 3050. Bureau of Prisons employees’ powers An officer or employee of the Bureau of Prisons may— 1) make arrests on or off of Bureau of Prisons property without warrant for violations of the following provisions regardless of where the violation may occur: sections 111 assaulting officers), 751 (escape), and 752 (assisting escape) of title 18, Unite States States Code, and section 1826 (c) (escape) of title 28, United States Code; 2) make arrests on Bureau of Prisons premises or reservation land of a penal detention, or correctional facility without warrant for violations occurring thereon of the following provisions: sections 661 (theft), 1361 (depredation of property), 1363 (destruction of property), 1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of title 18, United States Code; and 3) arrest without warrant for any other offense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a penal or correctional facility of the Bureau of Prisons if necessary to safeguard security, good order or government property; f such officer or employee has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of such person’s escaping before an arrest warrant can be arrest warrant can be obtained. If the arrested person is a fugitive from custody, such prisoner shal be returned to custody. Officers and employees of the said Bureau of Prisons may carry firearms under such rules and regulations as the Attorney General may prescribe.
 

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
Title 18, United States Code is my authority. LEOSA give my arrest authority the ability to cc without a ccw permit.

There, its sited. Get off my back. We want the same thing, OC, yet you complain I didn't site facts to what I claim I can or cannot do. Last I checked this wasn't a legal or law forum. Not everyone here has a background in law. I just wanted a little clarification, not an effing ******* match over semantix.

You've on this forum a long time. You probably have done a lot more research than I have and have vast amounts of knowledge on the subject. I'm hoping I can gain some of that knowledge from you. ******* people off on their first thread while trying to ask for help isn't a good way of keeping members. That hurts the cause rather than helps it.

So, starting over.

I'm Marc, nice to meet you.
 
Last edited:

dtom

Regular Member
Joined
Feb 10, 2011
Messages
10
Location
GA
Title 18, United States Code is my authority. LEOSA give my arrest authority the ability to cc without a ccw permit.

There, its sited. Get off my back. We want the same thing, OC, yet you complain I didn't site facts to what I claim I can or cannot do. Last I checked this wasn't a legal or law forum. Not everyone here has a background in law. I just wanted a little clarification, not an effing ******* match over semantix.

You've on this forum a long time. You probably have done a lot more research than I have and have vast amounts of knowledge on the subject. I'm hoping I can gain some of that knowledge from you. ******* people off on their first thread while trying to ask for help isn't a good way of keeping members. That hurts the cause rather than helps it.

So, starting over.

I'm Marc, nice to meet you.

Been a while since I read LEOSA. If I remember it correctly (and as you "CITED" above) it would cover you but it does not cover OC. Unless they changed since I last read it. Just go by what your department's policy says and you should be fine.
IMO some of the above may be jealous.:lol:
However I still would recommend you get Florida's CCW license.
 

michigan0626

Regular Member
Joined
Feb 24, 2011
Messages
51
Location
Central Florida
Been a while since I read LEOSA. If I remember it correctly (and as you "CITED" above) it would cover you but it does not cover OC. Unless they changed since I last read it. Just go by what your department's policy says and you should be fine.
IMO some of the above may be jealous.:lol:
However I still would recommend you get Florida's CCW license.

I am going to take the plung and get the cwp. But, with the pending Federal government work stopage, I need to make sure I keep as much funds as possible. Last time it happened, other BOP CO's told me they didnt get paychecks for 12 weeks. So, paying $300 for classes and permit fees for me and the wife can wait a little bit.
 
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