Navy Police & HR218 question

[AvyDriver]

Mr. Beretta, I am a federal law enforcement officer under DHS, I dont fall under California Penal code as a "peace officer" therefore I have to do jury duty. So your theory just took a left turn.

[lrdchivalry]

First off, thank you for your service to our country!

2nd ...Your current job / position isn't mentioned nor recognized as a "peace officer" in California Penal Sections 830 to 832.17.

Thus no HR218.

Whether California recognizes someone as a peace officer is irrelevent under HR218 and it was designed for that reason. HR218 was designed to remove the restrictions that were placed on leos by their agencies or the states or federal agencies they work for.

Some agencies policies deny officers the ability to CC outside of their jurisdictions with the murder of Officer Oliver Smith of the Washington D.C. police Department being the result. D.C. police were not allowed by agency policy to CC outside of D.C., Officer Smith lived in Maryland and had his gun tucked away in a bag when he was murdered.

Again HR218 was designed to remove that restriction and give an officer the ability to protect themselves.

[Sgt5811]

As a former Marine Corps CID investigator and MP Watch Commander,
I checked into this a while back. I even called the DOJ and the co-authors office. CA DOJ has no stance on it. They backed out of fighting it due to too many factors. Duke Cunninghams office (at the time before he was busted) didn't even know if the bill applied to military LE. The law is so vague that you could easily win in court, but do you want to be the one? Ultimately, it is up to you. I'm not advocating it and I'm not denying that per the wording in the law, you are covered. I'd say that if you live in an area with a conservative DA, you have a better chance of being safe. I would suggest however, carry a copy of the law in your wallet with your ID and creds if you have them.

[retired]

I would suggest however, carry a copy of the law in your wallet with your ID and creds if you have them.

I carry a copy and I'm retired leo; I'm not taking any chances.

Some agencies policies deny officers the ability to CC outside of their jurisdictions

Some even deny them the ability to carry a BUG on duty and a gun off duty, tho I realize that is a little OT. My point is just to show how screwy some dept.'s policies are IMO.

[RickD427]

[desertram800]

The UCMJ by itself is a federal statute, which we are authorized to enforce, and perform apprehensions. In the case UNITED STATES V. Toro KHAMSOUK, it was determined that a "military apprehension" was the same thing as a civilian "arrest". So, I do have federal authority to perform statutory arrest. Also, through the Assimilative Crimes Act, local installations assimilate local laws to comply with the local standard, which we enforce. We also have the authority to issue not only the 1408 Armed Forces Ticket, but also issue 1805 Federal magistrate Citations for any number or crimes. Those 1805's require the recipient to attend civilian federal court. It is our policy that servicemembers get 1408s, (unless it's a vehicle/alcohol related crime, in which case they get the 1805), and non-DoD civilians get 1805's.

Our jurisdiction is also not limited to the perimeter of the base. As long as we have jurisdiction over the person, the place, and the crime, then we can act upon it. There have been numerous cases where military police make apprehensions at a servicemembers offbase home (with collaboration with the local LEO's). Also, take Point Mugu Naval Air Station for example. The actual military property line extends out some miles south of the actual perimeter of the base, and covers several miles of the Pacific Coast Highway. Technically, we have concurrent jurisdiction with the CHP or VCSD (I forget which one actually has it, because the hwy actually turns into rice road for a few miles). The local LEO there are so undermanned, that on a few situations they have requested us to provide back-up off base, because of the concurrent jurisdiction.

So, I guess to say:

I have a picture ID card identifying me as a Military Police Officer
I have statutory powers or arrest (or apprehension - same thing)
I have extensive training in the escalation of force, use of deadly force
I maintain regular department mandated firearm qualifications
I am not a felon, nor the recipient of any disciplinary actions
I fully comply with the Lautenburgh Act (sp?) meaning I have not been convicted of a felony, nor any domestic violence case


I understand that this is apparently NOT covered in text by law, that I PROBABLY would be covered in a court of law, but that to be SAFE it's better to just apply for a CCW. The problem is, as a CA resident, it's about impossible to get one. The only light at the end of the tunnel I see is that I'm getting stationed in Nevada!

[Mr. Beretta]

Allot of great advice / opinions have been given.

The bottom line is however, I'd suggest contacting the your local DDA, AUSA, and LE person (remember to get their names) and ask what is the LAW concerning the issue.

They are the ones who will either pat you on the back or prosecute you ref: CCW.

Good Luck.

[AvyDriver]

I will agree with Mr. Beretta on this one, sad to say thought I think Dept of the Navy policy is whats gonna get you in the end.

[desertram800]

Roger, thanks for all the great advice and information all.