Posted: 1/21/2009 1:40:01 AM EDT
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I am a firefighter full time and love it (don't want to change jobs). Although I am looking into a local Police Department's Reserve Program. They are not paid but after 1 year of unarmed service and a "meets expectations" preformance reveiw, can attend additional training and carry a firearm and then have powers of arrest (powers same as paid officer when on duty) although you may not take your firearm home as a reserve. My question is would they still qualify for HR218? It does not say you have to be paid and does not say our agency has to give you permission to carry off duty. It seems you would meet all of the requirements (powers of arrest, carry firearm in performance of your duties, qualified by your agency to carry firearm). Any input?
Thanks and be safe! |
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Quoted:
I am a firefighter full time and love it (don't want to change jobs). Although I am looking into a local Police Department's Reserve Program. They are not paid but after 1 year of unarmed service and a "meets expectations" preformance reveiw, can attend additional training and carry a firearm and then have powers of arrest (powers same as paid officer when on duty) although you may not take your firearm home as a reserve. My question is would they still qualify for HR218? It does not say you have to be paid and does not say our agency has to give you permission to carry off duty. It seems you would meet all of the requirements (powers of arrest, carry firearm in performance of your duties, qualified by your agency to carry firearm). Any input? Thanks and be safe! With the caveat that i havent read through the statute in a while, and am heading off to bed after a long night, I was under the impression there WAS language in there about being either paid or compensated...NOW, if your dept pays a stipend, or uniform allowance, that MIGHT qualify you, but im certain someone will be able to answer more clearly before too long. I checked and it uses the Term Employree on the FOP site, and also has the following " If you are an active duty law enforcement officer with any local, State or Federal governmental agency and you meet all of the requirements above, you may carry a concealed firearm under the provisions set out in the law." You would have to have your chief determine if you are an "Employee" as a reserve, and if it also fills the bill as "Active Duty" again it's all apparently in what the CLEO's interpretations are. ETA: Good on you while i kid with the Hosedraggers, it;s a job i DONT want..fire scares the shit out of me. |
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I have posted the HR 218 below. From my opinion Reserve Officers are covered. Our dept tell the Reserves they aren't covered even though they do meet all requirements listed. The sheriff can't get an explanation of why they aren't covered, but he insist they aren't.
SECTION 1. SHORT TITLE.
This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'. SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS. (a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following: `Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers `(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). `(b) This section shall not be construed to supersede or limit the laws of any State that–– `(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or `(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. `(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who–– `(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest; `(2) is authorized by the agency to carry a firearm; `(3) is not the subject of any disciplinary action by the agency; `(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm; `(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and `(6) is not prohibited by Federal law from receiving a firearm. `(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer. `(e) As used in this section, the term `firearm' does not include–– `(1) any machinegun (as defined in section 5845 of the National Firearms Act); `(2) any firearm silencer (as defined in section 921 of this title); and `(3) any destructive device (as defined in section 921 of this title).'. (b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following: `926B. Carrying of concealed firearms by qualified law enforcement officers.'. |
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I'm thinking qualified means, Licensed, only way to get licensed is to employed as a peace officer.
not all states require reserve officers to have a peace officer license. I guess I don't understand what part of handgun training equals training in laws of arrest?? |
| The agency gives reserves with requisite experience the full training (same as paid officers) and once completed you will ride solo in squad car, respond to calls for service same as and/or in place of paid officers and have full powers such as granted to paid officers. The reserves wear same uniform, have same authority, same training, etc... The only difference I can see is that they do not get issued a firearm and are not compensated. After doing some research and talking with some people I discovered that they even allow reserves to serve in special units such as Civil Disturbance, Investigations, Crime Scene, Etc... (with proper training and experience). As far as I can tell once you do your year unarmed and go through the full academy the only difference in reserve and a paid officer is a reserves badge number starts with the letter "R" and the ID says Reserve Police Officer instead of Police Officer. Thanks for everyone's input. |