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- Опубликовано: 14 окт 2024
- Note: Active duty LEOs must be authorized to carry a firearm by their agency first. Otherwise, LEOSA does not apply. However, retirees are not required to prove they were ever required to carry a firearm. - Anthony
📌 Looking to Congress's “categorical preemption of state and local law standing in the way of the LEOSA right to carry,” the Circuit concluded that states have a “mandatory duty” to “recognize the right” LEOSA establishes, meeting the third Blessing prong. Id. The Circuit observed that Congress did not afford states the discretion to “redefine either who are ‘qualified law enforcement officers or who is eligible for the LEOSA right.”
Duberry v. D.C., 316 F. Supp. 3d 43, 49 (D.D.C. 2018), aff'd, 924 F.3d 570 (D.C. Cir. 2019)
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Thank you for covering magazines. Just had this conversation with a coworker a few hours ago.
Thanks for watching. -Anthony
As always, great info Anthony! Thank you!!!
Appreciate that thank you!
Best video I've senn on this topic. Thanks for sharing!
Glad you enjoyed it!
There may be some good news on magazine bans, especially as it regards travelers. There was a holding in a Massachusetts case on this matter.
HR 218 is the best reason to become a Cop.
Can c.os carry under leosa
Very informative. Thank you for posting this, & I'll be checking out your LEOSA webinar soon...
You can watch the last one we did here ruclips.net/user/liveJ_LT64LpAbQ
My police department put no firearm on my ID so that will make it impossible for me to get a permit. I was told to sue because no firearm on ID for not qualifying at the range is totally different than good standing
Great!
What about moving to a state that is a constitutionally carry state and doesn’t offer qualifications anymore. How would a retiree be treated in this scenario?
LEOSA states that you need to qualify with the same course as active Officer qualify by state standards § 926C. Carrying of concealed firearms by qualified retired law enforcement officers (4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State;
Can You Update this video? I think some things have changed since this recording
They have
Just got mine through the army national guard 👍
Do you have to be military law enforcement or does any service member of the military qualify?
@@raulpiedra2786 to my knowledge only military law enforcement. Branch does not matter though, I’ve seen Air Force and navy also have it.
@@raulpiedra2786One must have a minimum of 10 years of apprehension authority for military personnel (and retired military) to be eligible for the LEOSA permit.
That's not true, I'm military police and just got it. I've been in for 3 years. Other people in my unit also got it after graduating OSUT
You need 10 years of experience to apply if your retired.
Some states will offer a state LEOSA card. You just have to attend their yearly pistol qual. Also, some agencies will issue retired credentials in lieu of an ID card.
Thanks…. are there any restrictions regarding the type of bullets that may be carried from state to state nationwide??
LEOSA covers ammunition and therefore any ammo can be carried as long as it’s not prohibited by federal law.
Ive been checking out some of RUclipss videos on LEOSA. Alot of them say that you have to retired and skip over the part that say Separated with 10 years in good standing. Why is that? You dont have to be retired, right? As long as you had powers of arrest and more than 10 years of service?
If I understand the question correctly LEOSA is divided into two parts, active and retired. Retired officers must have 10 years of service. Active duties don't require that. Active duty can carry under LEOSA under day one. Help? Anthony
@@BluetoGoldhello sir, has this changed recently ? (May 2024)
You missed a big section of this. Arrest or apprehension was added and this was to allow for military to carry under leosa. Also now even judges can carry under leosa. Ultimately they need to change the name, leosa, to something that separates the though of only cops should be allowed.. I think we see eye to eye that 2a is your permit.
Yes ...several points missed. It's been amended several times, most recently just a couple years ago adding and clarifying (ie, adding military and DOD) - and 18 USC 926 is correct nomenclature - NOT referring to it as the legislative bill that has since become law.
I searched for the webinar and couldn't find it. Can we get a link
Daniel, we still finalizing it. We will let you know once it is open for registration. Thank you! -Staff
“Unpaid” you mean reserve. Your the problem with reserve officers and being trusted. You have ZERO authority outside or your “ride along” I have no idea why we stop do may or you have you like to flash out special deputy’s IF.
@@adammoran8935 what are you talking about?
What if you are a correction officer who is not authorized yet to carry but u have a concealed carry permit from you're state? Are u covered under leosa?
Any update in regard to your question?
@@MiguelSantana-ct7ky no I'm in another correctional facility
Im a state correctional officer and have heard and read conflicting answers. I am covered under LEOSA correct?
The answer depends on whether you have the power to arrest, authorized to carry a firearm, not under the influence, and department ID.
I know that now army mps qualify for this. Does this include 18 year old mps? Since we aren’t qualified to conceal carry in civilian life but since we are military police is it ok?
Yes you are qualified for LEOSA even though you’re not 21.
Are unpaud Deputy Sherrif's that retire from their position after 10 years of service covered by LEOSA?
LEOSA states you can carry the firearm you have for duty?
If a police officer is medically suspended working a “light duty” desk status, do their LEOSA rights go away for the duration of that medical suspension??
Do they have arrest powers? Did they meet agency quals? If the answer is yes seems to me they are good.
It would depend on your department. In my department officers on light duty do not qualify with their weapons. So I believe they would not be covered by Leosa.
Also can’t carry in gun free school zones. I don’t think I heard that mentioned in the video.
Leosa only supersedes state and local laws NOT federal ones and specifically states it does NOT exempt laws on government facilities or properties
When out on medical transport or court. As a Correctional officer we are armed. We also have employees with arrest powers. Can we be covered by leosa.
Yes, if you are authorized by your agency to be armed and have arrest powers you can carry under LEOSA. For those officers who are not currently authorized to be armed, they can carry under LEOSA when they retire if they had arrest powers.
@@BluetoGold This would also include any type of probation DEPUTY.
What about national and state parks?
Anyone can carry in national parks. Obama signed that into law.
What about Corrections officers? We are sworn in law enforcement officers? I didn’t know we had the authority to arrest people though…
Depends on the definition in your state. Such as, a peace officer as opposed to Police officer. Check yours and if it gives you arrest powers, your good
@Airsoft-Assassin, In some states, correctional police officers are considered sworn officers.
I'll give an example as per New Jersey Statue 2A:154-4, All correctional police officers of the State of New Jersey, parole officers employed by the State Parole Board, and investigators in the Department of Corrections, who have been or who may hereafter be appointed or employed, shall by virtue of such appointment or employment and in addition to any other power or authority, be empowered to exercise full police powers and act as peace officers at all times, for the detection, apprehension, arrest and conviction of offenders against the law.
@@robertortiz8540do you know if corrections officers in mass can carry under leosa ?
@@MiguelSantana-ct7ky, I only know correctional police officers from Jersey and Rikers Island in New York who carry LEOSA.
How about this …… reserve deputies/officers ……. They have statutory powers of arrest on duty, authorized to carry firearms …… some have off duty arrest powers and some don’t ……. Some lawyers have said yes and some say no …… and there are some departments that have it stated in their SOP manuals that LEOSA is for full timers only ……. What is your opinion?
This course will answer those questions university.bluetogold.com/courses/leosa-federal-concealed-carry
As active officers, does it state anywhere that you can only carry with your duty weapon used for qualifications? Or can we carry pistols of our choice
You can carry a pistol of your choice. Departments cannot control this. However, they may not cover an officer who uses a non-duty weapon off duty. Make sense?
(e) As used in this section--
(1) the term “firearm”--
(A) except as provided in this paragraph, has the same meaning as in section 921 of this title;
18 U.S.C.A. § 926C (West)
Thank you Anthony. I'm not worried about the dept covering me...more worried about the out of state dept questioning me as to if I qualified on that specific model or not. Appreciate the clarification
@@jtec99 You're welcome. Some states, including Washington, add the specific firearm to the LEOSA card. However, they should not be doing this. LEOSA is not serial number specific. If you qualify on a Glock, you can carry a Sig. Period. Great question.
How does LEOSA deal with Indian reservations?
Can a mp in the national guard carry?
If you have arrest powers then yes
Question for LEOs. In an average situation of an officer doing a 4 or 6 shot mag dump with their 9 mm ,how many rounds hit the purp? I am going to say 1 or 2..... Your thoughts?
Depends how much you train. I feel like I can hit 3 of 6 under adrenaline
HR 218 also has a condition that (c:2) is authorized by the agency to carry a firearm. If prison guards or corrections officers don’t carry firearms or are not allowed to by their agency this would not cover them. As LEOSA is written you have to meet all the conditions (c 1-6)
Yes, you are 100% correct and thank you! I added a note about this in the description. I will make sure I talk about this in the webinar next week. Anthony
@@BluetoGoldPolice but what if you don't carry on duty but u have a concealed carry permit from you're state? Are u covered under leosa?
@@louispeters4643 if you have authorization by your agency to carry a firearm then you’re fine.
@@louispeters4643 No. But you don't need to carry on duty. You simply have to have authority to carry and meet agency qual. Usually same thing. But having a state permit is irrelevant.
I was a military police officer for 5 years active duty and was employed by Corecivic as a correctional officer for 5 years. Does my time with Corecivic count?
Corecivic doesn’t apply if it was a private employer. It has to be a government employer. Anthony
You don't care about the "No Weapons Allowed" sign??? Haha...
.
NO CRIMINAL DOES
even cops.... 🤣
You have many factual inaccuracy's in your video.... I suggest you consult a State LEOSA coordinator.
What inaccuracies are you referring to? Additionally, let’s keep in mind that state “coordinators” don’t make the law. Moreover, many states including NJ and HI blatantly violate LEOSA by adding restrictions that LEOSA doesn’t allow. If you read the federal law it says that LEOSA is the supreme law of the land “notwithstanding” any state law. If you’re a lawyer you know what that means. States cannot override LEOSA with more restrictive laws. Therefore, if let me know what I have said that conflicts with state law. Then I would determine if LEOSA covers that issue. If it does, the state is on the losing side of equation.
@@BluetoGold LEOSA was passed 2004 partially motivated by 9-11 but also for retired officer safety. It was a compromise between Senators Grassley and Kennedy. It was further amended in 2010 in 2013 (these amendments brought in Military police and removed State restrictions on hollow point ammunition (NJ). Around same time the DC Courts allowed qualified Corrections officers LEOSA coverage. What you stated unclearly was the fact that officers/retired officers can carry in all 50 states but must comply with that state they are in Concealed Carry laws.Many states like Georgia, AZ, KS to name a few have amended their concealed carry laws to grant LEOSA retired officers exemptions from general concealed carry restrictions in that State. Georgia for example amended it's code 16-11-130 C(e) so that LEOSA officers can carry anywhere an active duty officer can carry. The laws that apply to any LEOSA individual depend on the State laws governing carry. I call your attention to the 1st paragraph in 926B and 926 C. In many states YOU Can Carry in government buildings (State/ local- not Federal for most part but you must check in that State.) Federal buildings and ownership or renting by GSA etc all cloud the issue. Many Federal building provide weapon lock-ups for active and retired officers- you ID yourself at screening and they walk you back to lockup. Your advice on Parks etc... LEOSA requires you follow State concealed carry laws and if the State does not otherwise exempt retired officers from this restriction then you have legal exposure. We are trying to address this in HR354 that just passed the House and is in now in the Senate- not optimistic about Senate and Biden signing it but. .... we keep trying to clarify. Remember- LEOSA is a defense against charges IF you are within its restrictions. In State's with Mag restrictions- LEOSA is silent- the 2013 amendment covered ammo but not Mags as you correctly stated. In many states possession of a standard mag over 10 rds is a felony- we advise officers to get 10 rd mags if that is where they are traveling. That is hopefully fixed in HR354 someday. I agree it is a 2nd Amendment issue but we don't want our officers to be that test case! They deserve a retirement free of drama- let the organizations fight it thru courts!n In RONALD EUGENE DUBERRY, APPELLANTS V. DISTRICT OF COLUMBIA, APPELLEES in DC Circuit extended coverage to some Corrections Officers and implied that officers could sue the agency if they were not issued a car- under 1983. Not ever tested- the 11th circuit in a Florida case specifically addressed this and said if Congress want to give the right to sue the agency they would have put it into law. States right now determine coverage of corrections officers -- the Federal BOP issue cards to their retirees. In roughly 2008 I think- DOJ and DHS came up with a standard Photo ID card which most States and agencies have adopted that format . Officers that retired prior to this must use agency retired credentials for ID purposes. If you wish to get ahold of me for further -send me a n email or way to contact you or let me know here and I will send you an email address and phone number.