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Thread: Sworn Officers in VA and carry in DC and MD?

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    Regular Member CHILINVLN's Avatar
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    Sworn Officers in VA and carry in DC and MD?

    Can a sworn officer in the Commonwealth of VA carry in DC or MD? I've done some research on this and can't quite find a conclusive answer.

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    Regular Member ProShooter's Avatar
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    Yes...google "LEOSA"
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    Cool LOESA and the Military

    I believe as retired military (US Navy) and having performed the duties as Master-at-Arms, Shore Patrol and Petty Officer and Officer of the Watch at the Quarterdeck of a naval Vessel I meet the following:

    In order to be covered as a "qualified law enforcement officer," a person must meet each and every one of the following criteria: He or she must be (1) "an employee of a governmental agency"; (2) "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"; (3) have "statutory powers of arrest"; (4) "authorized by the agency to carry a firearm"; (5) "not the subject of any disciplinary action by the agency"; (6) "meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm"; and (7) "not prohibited by Federal law from receiving a firearm." In addition, the privilege conferred by the law applies only when the individual "is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.

    One through five apply although they were not my sole duty for 20 years of service. Should I apply?
    Last edited by p.publius; 02-28-2011 at 10:42 PM.

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    Regular Member Jay's Avatar
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    Quote Originally Posted by p.publius View Post
    I believe as retired military (US Navy) and having performed the duties as Master-at-Arms, Shore Patrol and Petty Officer and Officer of the Watch at the Quarterdeck of a naval Vessel I meet the following:

    In order to be covered as a "qualified law enforcement officer," a person must meet each and every one of the following criteria: He or she must be (1) "an employee of a governmental agency"; (2) "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"; (3) have "statutory powers of arrest"; (4) "authorized by the agency to carry a firearm"; (5) "not the subject of any disciplinary action by the agency"; (6) "meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm"; and (7) "not prohibited by Federal law from receiving a firearm." In addition, the privilege conferred by the law applies only when the individual "is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.

    One through five apply although they were not my sole duty for 20 years of service. Should I apply?
    If everything applies to you... You would also need to have a photo ID issues by the LEO agency you say you represent showing retirement as LEO. Plus you have to regularly qualify with a firearm, but I believe this annual requirement can be signed off by any instructor that is able to certify LEO's in firearms. I am sure someone will chime in on it.

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    Regular Member MSC 45ACP's Avatar
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    Quote Originally Posted by Jay View Post
    If everything applies to you... You would also need to have a photo ID issues by the LEO agency you say you represent showing retirement as LEO. Plus you have to regularly qualify with a firearm, but I believe this annual requirement can be signed off by any instructor that is able to certify LEO's in firearms. I am sure someone will chime in on it.
    I doubt the Navy will go for it. The Coast Guard didn't and CG LEO's have more authority than Navy MAAs or security guards. CG LEO's are Federal LEO's under 14 USC 89. Navy "LEOs" are not. The Commonwealth of VA DID recognize CG LEOs as LEOs when it comes to CHP's... The law was signed a couple years ago authorizing the $50 fee for CHPs be waived for recognized CG LEOs that have served at least 15 years in LE.


    HB 637 Concealed handgun permit; waives fee for certain members of United States Coast Guard.
    Ward L. Armstrong | all patrons ... notes | add to my profiles

    Summary as introduced:
    Concealed handgun permit; fees. Waives the concealed handgun permit fee (maximum $50) for certain designated boarding team members and boarding officers of the United States Coast Guard.
    Full text:
    01/12/10 House: Prefiled and ordered printed; offered 01/13/10 10100193D pdf
    03/09/10 House: Bill text as passed House and Senate (HB637ER) pdf
    04/13/10 Governor: Acts of Assembly Chapter text (CHAP0754) pdf

    Status:
    01/12/10 House: Prefiled and ordered printed; offered 01/13/10 10100193D
    01/12/10 House: Referred to Committee on Militia, Police and Public Safety
    01/27/10 House: Assigned MPPS sub: #1
    01/28/10 House: Subcommittee recommends reporting (5-Y 0-N)
    02/12/10 House: Reported from Militia, Police and Public Safety (21-Y 0-N)
    02/14/10 House: Read first time
    02/15/10 House: Read second time and engrossed
    02/16/10 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
    02/16/10 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
    02/17/10 Senate: Constitutional reading dispensed
    02/17/10 Senate: Referred to Committee for Courts of Justice
    02/19/10 Senate: Assigned Courts sub: Criminal
    02/24/10 Senate: Reported from Courts of Justice (15-Y 0-N)
    02/26/10 Senate: Constitutional reading dispensed (38-Y 0-N)
    03/01/10 Senate: Read third time
    03/01/10 Senate: Passed Senate (40-Y 0-N)
    03/09/10 House: Enrolled
    03/09/10 House: Bill text as passed House and Senate (HB637ER)
    03/09/10 House: Signed by Speaker
    03/11/10 Senate: Signed by President
    04/13/10 Governor: Approved by Governor-Chapter 754 (effective 7/1/10)
    04/13/10 Governor: Acts of Assembly Chapter text (CHAP0754)

    HOUSE BILL NO. 637
    Offered January 13, 2010
    Prefiled January 12, 2010




    K. No fee shall be charged for the issuance of such permit to a person who has retired from service (i) as a magistrate in the Commonwealth; (ii) as a special agent with the Alcoholic Beverage Control Board or as a law-enforcement officer with the Department of State Police, the Department of Game and Inland Fisheries, or a sheriff or police department, bureau or force of any political subdivision of the Commonwealth, after completing 15 years of service or after reaching age 55; (iii) as a law-enforcement officer with the United States Federal Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms, Secret Service Agency, Drug Enforcement Administration, United States Citizenship and Immigration Services, Customs Service, Department of State Diplomatic Security Service, U.S. Marshals Service or Naval Criminal Investigative Service, after completing 15 years of service or after reaching age 55; (iv) as a law-enforcement officer with any police or sheriff's department within the United States, the District of Columbia or any of the territories of the United States, after completing 15 years of service; or (v) as a law-enforcement officer with any combination of the agencies listed in clauses (ii) through (iv), after completing 15 years of service; or (vi) as a designated boarding team member or boarding officer of the United States Coast Guard, after completing 15 years of service or after reaching age 55.

    Unless you were in NCIS, I doubt you'll be recognized under LEOSA. Someone did try bringing it up to to CG HQ and they denied it for "regular CG LE folks", but accepted it for CGIS agents (CG version of NCIS).
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    LEOSA lets full time sworn police officers (also a few other individuals as well and a list of requirements) carry anywhere in the U.S. where police in that jurisdiction would normally be allowed to carry (so schools/courts/etc.). I am glad because I wouldn't like driving/walking around D.C. unarmed.

    I'm not sure the rules about military police. It might be something to look into. I know the requirement for LEOSA also includes qualifying with your weapon regularly.

    Basically a universal concealed carry permit with added areas.
    Last edited by NovaCop10; 03-03-2011 at 09:00 AM.

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    Quote Originally Posted by NovaCop10 View Post
    Basically a universal concealed carry permit with added areas.
    Basically..... more special privileges for the police, that us 'lowly' peasants don't have.....

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    Regular Member vt357's Avatar
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    Quote Originally Posted by NovaCop10 View Post
    I am glad because I wouldn't like driving/walking around D.C. unarmed.
    Why do you think so many of us peons refuse to go north of the Potomac?

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    Regular Member CHILINVLN's Avatar
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    Quote Originally Posted by NovaCop10 View Post
    LEOSA lets full time sworn police officers (also a few other individuals as well and a list of requirements) carry anywhere in the U.S. where police in that jurisdiction would normally be allowed to carry (so schools/courts/etc.). I am glad because I wouldn't like driving/walking around D.C. unarmed.

    I'm not sure the rules about military police. It might be something to look into. I know the requirement for LEOSA also includes qualifying with your weapon regularly.

    Basically a universal concealed carry permit with added areas.
    Schools? Are you sure?

    Although Congress intended to allow officers nationwide carry, a legislative oversight greatly reduces LEOSA protections. As the act does not provide a qualified officer any exemptions from Federal Law, off-duty LEOSA qualified officers are subject to the restrictions of Title 18 U.S.C §922(q) known as the Federal Gun Free School Zones Act of 1995. It is therefore a Federal Crime for an off-duty LEOSA qualified officer to travel armed on any public sidewalk, road, or highway which passes within one-thousand (1000) feet of the property line of any K-12 school in the nation. Violation of the Federal GFSZA by an off-duty officer is punishable by five (5) years in Federal Prison, the officer's permanent loss of gun-rights, and will bar them from continuing work in law-enforcement.

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    Regular Member Thundar's Avatar
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    Quote Originally Posted by NovaCop10 View Post
    LEOSA lets full time sworn police officers (also a few other individuals as well and a list of requirements) carry anywhere in the U.S. where police in that jurisdiction would normally be allowed to carry (so schools/courts/etc.). I am glad because I wouldn't like driving/walking around D.C. unarmed.

    I'm not sure the rules about military police. It might be something to look into. I know the requirement for LEOSA also includes qualifying with your weapon regularly.

    Basically a universal concealed carry permit with added areas.
    Be careful NovaCop, LEOSA is not a permit. It is only an affirmative defense to the felony charge.
    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

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Thundar View Post
    Be careful NovaCop, LEOSA is not a permit. It is only an affirmative defense to the felony charge.
    Let Novacop do as he wishes Thundar.
    I'll spring for a 5 year supply of Soap on a Rope.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by peter nap View Post
    Let Novacop do as he wishes Thundar.
    I'll spring for a 5 year supply of Soap on a Rope.
    Soap on a rope is not allowed. Too much like a lock in a sock, except that your prints go down the drain.

    Old fashion brown soap would be good though, 'cause nobody would want to steal it.
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    Quote Originally Posted by peter nap View Post
    Let Novacop do as he wishes Thundar.
    I'll spring for a 5 year supply of Soap on a Rope.
    I will match your order

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    Regular Member Thundar's Avatar
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    Quote Originally Posted by peter nap View Post
    Let Novacop do as he wishes Thundar.
    I'll spring for a 5 year supply of Soap on a Rope.
    Come on Peter, why can't we all just get along!

    Being serious though, LEOSA does have some serious constitutional issues.
    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

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