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Old 10-28-2012, 5:29 PM
CalCop CalCop is offline
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Originally Posted by fullrearview View Post
Not that I condone it, but per LEOSA and state law you can carry anything you want, despite department policy.
I agree with you 100%. But CA depts have continued with their policies despite the clear intent of LEOSA. Here is what you are referring to:

• September 2007: Federal corrections officer prosecuted on disciplinary charges by the Bureau of Prisons for carrying a handgun off-duty without permission and for misusing his agency identification. Administrative Judge dismissed both charges. Court found that the officer did not need agency approval to carry under LEOSA. It also found that the officer only used the identification, but not to secure privileges unavailable to the general public. (Davis v. Dept of Justice, 2007 Merit System Protection Board Lexis 5609, 2007)
• During LEOSA construction, Representative Scott proposed a provision that LEOSA shall not be construed to supersede or limit the rules, regulations, policies, or practices of any State or local law enforcement agency. This amendment was defeated by a vote of 11 yeas to 21 nays. (H.R. Rep. No. 560, 108th Cong, 2nd Sess. 2004 p. 7)
• An officer trained only to use a firearm in a correctional setting but not trained to carry one on-duty, and not allowed to carry off-duty, is still covered by LEOSA if they meet all requirements of LEOSA. (H.R. Rep. No. 560, 108th Cong., 2nd Sess. 2004 p. 53-62)
• “The protection provided by LEOSA is simply not reduced or eliminated because an otherwise qualified officer fails to obtain permission from his department to use the weapon; (People v. Drew Peterson)
• CA DOJ says, “On-duty restrictions placed by the department appear to be permissible. Off-duty restrictions appear to be superceded by this Act.”
• FBI says: “It is unclear whether LEOSA overrides an agency's ability to limit an officer's authority to carry a personally owned handgun off duty as part of off-duty restriction policies. Some agencies have continued to enforce such policies. Arguably, because LEOSA explicitly overrides state law provisions (except those addressing state facilities and property), and the head of an executive agency is given power by way of state law, it would appear that LEOSA would override off duty restriction policies. However, agencies with such a policy and officers working within these agencies should seek guidance and clarification in regard to the legality of such policies.
• FOP says: “If you are a qualified active law enforcement officer, you are legally able to carry a firearm under 18 USC 926B. There may be agencies which enforce or adopt policies, rules, regulations, or employment conditions which discourage or punish officers which choose to carry while off-duty, but such actions do not mean that the officer cannot carry lawfully under the provisions of this statute. Your agency, however, can prohibit you from carrying your agency-issued weapon, which is the property of the governmental entity.
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