Results 1 to 12 of 12

Thread: reserve deputy carry question

  1. #1
    Regular Member
    Join Date
    Sep 2011
    Location
    Semo
    Posts
    1

    Question reserve deputy carry question

    I hold a reserve deputy sheriff commission with full arrest powers at any time. I also work with MSHP in drug interdiction, local PD on same and have worked with the Drug Task force. I hold the rank of Captain with the Sheriff Department though reserve... been doing this a long time. I carry 24/7 for obvious reasons...I have made some enimies in my 15 yrs with the department
    My question is can I legally carry in other counties / cities/ states. I do have my CC permit but want to know how the reserve status works.. I have just never worried about it before.

  2. #2
    Regular Member thedrewcifur's Avatar
    Join Date
    Aug 2011
    Location
    westerville, oh
    Posts
    21
    you hold a commision with a law enforcement agancy, right? you have full arrest powers and can carry on and off duty in your state without the need of a permit, right? then you should have no problem out of state. just carry your badge and department issued photo id and inform any LEO that stops you that you are also a LEO. shouldn't have any issues.

  3. #3
    Regular Member Badger Johnson's Avatar
    Join Date
    Jan 2011
    Location
    USA
    Posts
    1,217
    Just to be safe if you're traveling to:
    New York
    New Jersey
    Maryland
    California
    Illinois

    ...I'd suggest you consider calling the PD in the locale where you plan to visit and ask if there are issues with a Reserve Deputy carrying, with ID and badge.

    These are the states that are very restrictive.

    You can look up the specific laws/statues on http://www.handgunlaw.us/

    Good luck and glad to have you here on OCDO.
    Last edited by Badger Johnson; 09-17-2011 at 12:07 PM.
    A gun in a holster is better than one drawn and dispensing bullets. Concealed forces the latter. - ixtow

    Hi, I'm hypercritical. But I mean no harm, I just like to try to look deeply at life

  4. #4
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,605
    Not at all sure why you have a concealed carry permit. Does your status/position not authorize you to carry a gun?

    You would seem to be covered under LEOSA.
    http://en.wikipedia.org/wiki/Law_Enf...ers_Safety_Act
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
    Regular Member
    Join Date
    Nov 2010
    Location
    West Texas
    Posts
    596
    Im not sure what state your in but LEO carry off duty is the same all over the country, " As per federal law".
    I studied this subject before but I have to appologise because I pretty much forgot all of the "exact" details.
    Now what I can tell you is there is a difference between " Commissioned and Non-Commissioned" Law enforcement officer.
    Non-Commissioned would be like a jailer or a clerk. " Their not LEO's".
    If you reserve to right to carry weapons while active with your part time duties, You Are A Commissioned Officer.
    If they refuse you that right, I would tell them to stick in their sorry #@@ just like I did.
    Doing what you do is nothing more than one mans desire to better his community. Yes, You Make Enimies and you put yourself at risk!!
    Take this issue up with the department you help and ask them to clarify it in "Legal" terms.
    The only reward for your effort how you benefit you community. That reward should not leave you defenseless, ever!!

    Something else you might like to know, Texas did have a bill this year to allow Non-Commissioned LEO personel the right to carry all the time but it didnt go anywhere. " @@%#%^$^$^$"!!!!!!!

    Again, take this issue up with your department and make damn sure you get written document.
    Last edited by MR Redenck; 09-17-2011 at 01:13 PM.

  6. #6
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    Welcome to OCDO. It's nice to think that you think we here actually might klnow what we are talking about.

    As you can see by the first link below, there is still some confusion about "active duty" law enforcement officer as opposed to "qualified" law enforcement officer.

    http://www.fop.net/legislative/issue...8/hr218faq.pdf

    http://www.handgunlaw.us/documents/FBOP-LEOSAMemo.pdf

    http://www.ilfop.org/PDF/UnderstandingLEOSA.pdf

    The best advice is probably to enquire of your state AG's office as to how they interpret your status under LEOSA, and if possible get their answer in writing to carry along with the other credentials you need as set out in the act.

    The general answer to your question of whether you can lawfully carry concealed in other counties/cities within your state without a concealed permit/license is a qualified "Yes." If you are recognized as a LEO across the state then there should be no problems. Just remember that unless you have statewide jurisdiction (something I doubt a reserve deputy has) your power of arrest is limited to your home county. Elsewhere you can arrest under the concept of citizen's arrest. There are numerous court cases that have settled that issue.

    As to your ability to lawfully carry concealed in other states, that depends on how much they agree with your AG that as a reserve deputy you are a "qualified officer" - something that might involve a disagreement between your AG and their AG. If you have the time you can write to the AGs of the states where you expect to find yourself and ask if you meet their definition of a "qualified officer". While you might end up with a folder full of written responses, you will certainly be better off with those responses to hand if you find yourself discussing the issue over the hood/trunk of some other jurisdiction's squad car. Having those letters might save you the time and expense of appearing in court to have the question resolved.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  7. #7
    Regular Member
    Join Date
    Oct 2011
    Location
    Rmaset County
    Posts
    1
    Minnesota law is confusing - I can carry (even openly) with a permit, which I have, but I can't carry while on reserve duty? Can someone help me underatnd the law here? I passed all qualifications regarding personal carry. You'd think would this qualify for reserve officers. I am a civilian serving as a volunteer without police authority. But I could easily do the same as a citizen with a permit. Not that I would but, still, the uniform makes us targts.

    Help?

  8. #8
    Newbie
    Join Date
    May 2015
    Location
    Houston, Texas
    Posts
    1

    Reserve Carrying Authority

    Quote Originally Posted by MN Reserve Deputy View Post
    Minnesota law is confusing - I can carry (even openly) with a permit, which I have, but I can't carry while on reserve duty? Can someone help me underatnd the law here? I passed all qualifications regarding personal carry. You'd think would this qualify for reserve officers. I am a civilian serving as a volunteer without police authority. But I could easily do the same as a citizen with a permit. Not that I would but, still, the uniform makes us targts.

    Help?
    You are considered as a Qualified Law Enforcment Officer, You are protected under the Law Enforcement Safety Act, You can carry you weapon in state, including all states in the U.S. You are commissioned by a law enforcement agengy, therefore you are qualified to carry. Your department may restrict you from carrying, but you cannot be prosecuted for carrying. your department policy, do not make any sense, you have the same rights as any peace officer in the US,

  9. #9
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766
    Quote Originally Posted by steptoe0357 View Post
    You are considered as a Qualified Law Enforcment Officer, You are protected under the Law Enforcement Safety Act, You can carry you weapon in state, including all states in the U.S. You are commissioned by a law enforcement agengy, therefore you are qualified to carry. Your department may restrict you from carrying, but you cannot be prosecuted for carrying. your department policy, do not make any sense, you have the same rights as any peace officer in the US,
    Welcome to OCDO, Steptoe0357.


    This isn't particularly relevant to your post. But, I notice the OP never bothered to post at OCDO again. Didn't particularly say thanks for the input, neither.
    Last edited by Citizen; 05-23-2015 at 02:56 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  10. #10
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,273
    Holy, defibrillator Batman, revived necro thread.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  11. #11
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766
    Quote Originally Posted by WalkingWolf View Post
    Holy, defibrillator Batman, revived necro thread.
    Yeah, new guys do that. They seem to skim all through the threads in a state sub-forum, then finding something upon which they can contribute, they post.

    Can't blame them for being interested. I almost posted something about the OPer having a CC permit until I happened to notice the date of the OP.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  12. #12
    Campaign Veteran deepdiver's Avatar
    Join Date
    Apr 2007
    Location
    Southeast, Missouri, USA
    Posts
    5,974
    Hmm, don't remember this thread, but the OP says he's from "Semo" which is a common abbreviation for South East Missouri. Assuming that is the case, and even harkening back to 2011 statutes, the question makes no sense in that he would have no cause to ask it at a county/city level as he says.

    I think it was an unsuccessful troll to get anti-LEO comments.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

Posting Permissions

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