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reserve deputy carry question

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so others may live

New member
Joined
Sep 16, 2011
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1
Location
Semo
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.
 

thedrewcifur

Regular Member
Joined
Aug 30, 2011
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Location
westerville, oh
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.
 

Badger Johnson

Regular Member
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Jan 12, 2011
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Location
USA
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.
 
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MR Redenck

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Nov 1, 2010
Messages
596
Location
West Texas
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.
 
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skidmark

Campaign Veteran
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Location
Valhalla
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/issues/hr218/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.
 

MN Reserve Deputy

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Joined
Oct 2, 2011
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Location
Rmaset County
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?
 

steptoe0357

Newbie
Joined
May 23, 2015
Messages
1
Location
Houston, Texas
Reserve Carrying Authority

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,
 

Citizen

Founder's Club Member
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Nov 15, 2006
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18,269
Location
Fairfax Co., VA
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.
 
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Citizen

Founder's Club Member
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Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
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.
 

deepdiver

Campaign Veteran
Joined
Apr 2, 2007
Messages
5,820
Location
Southeast, Missouri, USA
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.
 

AAK001

Newbie
Joined
Feb 1, 2018
Messages
1
Location
Prior Lake, Minnesota
MN Reserve Deputy

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?

I totally agree with you, the Laws in MN do not make sense at all. I will be sworn in as a Reserve Deputy on Monday and i am only allowed to carry a taser, no power of arrest, No gun. I dont see the point or value to put people out there in possible danger situations and not allowed them to protect themselves or arrest anyone. Most States allow Reserve Deputies to carry a gun, have full power of arrest, they have the same powers as a regular full time sworn Deputy.
 
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