User Panel
Posted: 9/14/2005 4:48:35 PM EDT
What exactly is the difference here? what about with regards to firearms regs? From what I gather a peace officer isnt on the same level as a police officer.
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Peace Officers are below Police Officers in NYS. Generally people who need a certain level of power strictly for the enforcement of their job tasks and not off duty. The state books have pages and pages of people granted peace officer status in NYS. In other states, the term is interchangable with police officer. And of course, here on AR15.com, its used to describe an officer the poster thinks is following certain political leanings or views the poster approves of.
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Yes and no, there are peace officers that can carry off duty without a CC permit. Examples such as Correction Officers and Court Officers. A example of a peace officer that can not carry would be Fire Police. |
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Peace Officer Course = 2 weeks +1 week if armed.
Police officer is around 6 months. Some municipaltiies have peace officers for select reasons. The Town of Hempstead has Bay Constables that are armed peace officers and patrol the beaches and waters within the Town of Hempstead. Like you guessed, most that I know of that are armed, are limited to carrying on duty and their permits are not valid in NYC. There are many admin types also, the towns employ them and the peace officer status is simply a component of their admin postion. It lets them swear out affidavits(sp?), eviction stuff, serve subpoenas for the town and other admin stuff. |
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Hoplite, if you look in the criminal procedure law, it defines who exactly are peace officers and who exactly are police officers in NYS. TC556 pretty much hit it on the head....the main difference according to the law in NYS has to do with laws of arrest (where and when a police officer can makek an arrest vs when and where a peace officer can make an arrest). Pretty much any agency that will require its employees to issue summonses will have peace officer status (this is also based on the law of arrest of NYS). As far as carrying a firearm....that depends on the agency...in NYC for example the employees of the sheriff's department carry firearms by virtue of their employment, but marshalls must apply for a pistol permit. Other peace officers that can carry are corrections and court officers in NYC (this was also previously stated), however in NYC the firemarshalls are actually given police officer status. NYC Hospital Police are odd in that they are called police, but are actually given peace officer status, and only some are actually able to carry firearms even on duty.
ETA: Did you have a specific job/agency in mind? |
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I was just looking over NYCDOI. I also came across the ASPCA "Special Agent". I guess they fall under there as well |
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ahhh Ok don't know anything at all about ASPCA special agent, and only a little bit about DOI....DOI basically acts as the inspector general for most of NYC's government agencies that are too small to have their own IG or Internal Affairs....I believe they also investigate some white collar crimes as well. As far as carrying weapons ... I'm not sure... but I do know that they have some NYPD detectives that are assigned to them as well.
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Im assuming that you are referring to (NYC) City or Fire Marshal's? |
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No actually I'm referring to NYC Marshalls, who do have peace officer status but need to apply for pistol permits, FDNY Fire Marshalls are actually granted police officer status by the NYS CPL
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My close friend is a Peace Officer(C.O. at Rikers), and as such he can carry his Glock concealed and he lives in NYC. |
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Nothing is simple in NYS. The CPL defines Police Officer and Peace Officer. NYS is totally nutz. There are Peace Officer's who can carry off-duty but are restricted from carrying on-duty by their agencies and there are Police Officer's who can carry on-duty but are restricted from carrying off-duty by their agencies.
assembly.state.ny.us/leg/?cl=25&a=3 Criminal Procedure ARTICLE 1--SHORT TITLE, APPLICABILITY AND DEFINITIONS Section 1.00 Short title. 1.10 Applicability of chapter to actions and matter occurring before and after effective date. 1.20 Definitions of terms of general use in this chapter. S 1.00 Short title. This chapter shall be known as the criminal procedure law, and may be cited as "CPL". ............................................ S 1.20 Definitions of terms of general use in this chapter. Except where different meanings are expressly specified in subsequent provisions of this chapter, the term definitions contained in section 10.00 of the penal law are applicable to this chapter, and, in addition, the following terms have the following meanings: ............................................ 34. "Police officer." The following persons are police officers: (a) A sworn member of the division of state police; (b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside of New York City; (c) A sworn officer of an authorized county or county parkway police department; (d) A sworn officer of an authorized police department or force of a city, town, village or police district; (e) A sworn officer of an authorized police department of an authority or a sworn officer of the state regional park police in the office of parks and recreation; (f) A sworn officer of the capital police force of the office of general services; (g) An investigator employed in the office of a district attorney; (h) An investigator employed by a commission created by an interstate compact who is, to a substantial extent, engaged in the enforcement of the criminal laws of this state; (i) The chief and deputy fire marshals, the supervising fire marshals and the fire marshals of the bureau of fire investigation of the New York City fire department; (j) A sworn officer of the division of law enforcement in the department of environmental conservation; (k) A sworn officer of a police force of a public authority created by an interstate compact; (l) Long Island railroad police. (m) A special investigator employed in the statewide organized crime task force, while performing his assigned duties pursuant to section seventy-a of the executive law. (n) A sworn officer of the Westchester county department of public safety services who, on or prior to June thirtieth, nineteen hundred seventy-nine was appointed as a sworn officer of the division of Westchester county parkway police or who was appointed on or after July first, nineteen hundred seventy-nine to the title of police officer, sergeant, lieutenant, captain or inspector or who, on or prior to January thirty-first, nineteen hundred eighty-three, was appointed as a Westchester county deputy sheriff. (o) A sworn officer of the water-supply police employed by the city of New York, appointed to protect the sources, works, and transmission of water supplied to the city of New York, and to protect persons on or in the vicinity of such water sources, works, and transmission. (p) Persons appointed as railroad policemen pursuant to section eighty-eight of the railroad law. * (q) An employee of the department of taxation and finance (i) assigned to enforcement of the taxes imposed under or pursuant to the authority of article twelve-A of the tax law and administered by the commissioner of taxation and finance, taxes imposed under or pursuant to the authority of article eighteen of the tax law and administered by the commissioner, taxes imposed under article twenty of the tax law, or sales or compensating use taxes relating to automotive fuel or cigarettes imposed under article twenty-eight or pursuant to the authority of article twenty-nine of the tax law and administered by the commissioner or (ii) designated as a revenue crimes specialist and assigned to the enforcement of the taxes described in paragraph (c) of subdivision four of section 2.10 of this title, for the purpose of applying for and executing search warrants under article six hundred ninety of this chapter, for the purpose of acting as a claiming agent under article thirteen-A of the civil practice law and rules in connection with the enforcement of the taxes referred to above and for the purpose of executing warrants of arrest relating to the respective crimes specified in subdivision four of section 2.10 of this title. * NB Effective until October 31, 2007 * (q) An employee of the department of taxation and finance (i) assigned to enforcement of the taxes imposed under or pursuant to the authority of article twelve-A of the tax law and administered by the commissioner of taxation and finance, taxes imposed under article twenty of the tax law, or sales or compensating use taxes relating to automotive fuel or cigarettes imposed under article twenty-eight or pursuant to the authority of article twenty-nine of the tax law and administered by the commissioner of taxation and finance or (ii) designated as a revenue crimes specialist and assigned to the enforcement of the taxes described in paragraph (c) of subdivision four of section 2.10 of this title, for the purpose of applying for and executing search warrants under article six hundred ninety of this chapter, for the purpose of acting as a claiming agent under article thirteen-A of the civil practice law and rules in connection with the enforcement of the taxes referred to above and for the purpose of executing warrants of arrest relating to the respective crimes specified in subdivision four of section 2.10 of this title. * NB Effective October 31, 2007 (r) Any employee of the Suffolk county department of parks who is appointed as a Suffolk county park police officer. (s) A university police officer appointed by the state university pursuant to paragraph 1 of subdivision two of section three hundred fifty-five of the education law. (t) A sworn officer of the department of public safety of the Buffalo municipal housing authority who has achieved or been granted the status of sworn police officer and has been certified by the division of criminal justice services as successfully completing an approved basic course for police officers. 34-a. "Geographical area of employment." The "geographical area of employment" of certain police officers is as follows: * (a) Except as provided in paragraph (d) of this subdivision, New York state constitutes the "geographical area of employment" of any police officer employed as such by an agency of the state or by an authority which functions throughout the state, or a police officer designated by the superintendent of state police pursuant to section two hundred twenty-three of the executive law; * NB Effective until September 1, 2005 * (a) Except as provided in paragraph (d), New York state constitutes the "geographical area of employment" of any police officer employed as such by an agency of the state or by an authority which functions throughout the state; * NB Effective September 1, 2005 assembly.state.ny.us/leg/?cl=25&a=4 ARTICLE 2 PEACE OFFICERS Section 2.10 Persons designated as peace officers. Happy reading!!!! |
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ASPCA Officers are peace officers but must obtain a carry permit from NYPD and I believe have limited powers of arrest. One example as some have talked about are NYC Correction Officers whom have an Academy of 16 weeks (2 of which are for firearms training) have authority to carry off there shield on and off duty and have arrest powers on and off duty. In fact NYC C.O.'s meet the standards set out in HR 218 as qualified law enforcement officers with authority to carry across state lines. |
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Pretty much correct. DOI Investigators can carry depending on which IG they are assigned to. |
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Not correct for the most part , most peace officer training courses are around 6-8 weeks. thats pretty much correct as most peace officers do have very limited authority and even if they do carry its off a permit. An example is NYC Sanitation Police The peace officers that have full status both in carrying and authority are correction officers nad court officers. |
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Actually just read up on the CPL, and regarding the ASPCA and DOI, this is a copy and paste from Section 2.10
7. Officers or agents of a duly incorporated society for the prevention of cruelty to animals. 38. A special investigator of the New York city department of investigation who has received training in firearms handling in the New York police academy and has received a firearms permit from the license division of the New York city police department. In regards to an agent of a duly incorporated society for the prevention of cruelty to animals, there is no mention of a need for a pistol license.... if you check out the link RKBAR posted, it gives you a complete list of what peace officers are required to obtain a pistol permit |
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Same here. I'm a sworn peace officer by virtue of my job (fireman) and I have no idea WTF it actually means or is good for. Yes, we can write summons and parking tickets but I don't know of any other powers being a peace officer might have. |
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Maddog, basically you guys have peace officer status so that you can issue summonses, it doesn't really relate to much else with you guys, and Wave....don't look too much into it, just worry about what you have to know for the next sgt or Lt exam
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The CPL provides the legal definition and is the legal basis for your authority that is further defined in the CPL and other areas of NYS law. While the CPL might authorize you to perform a specific enforcement function the agency you are employed by may prohibit you from performing that function. In addition there are minimum standards of training for Police/Peace Officers that are defined in NYS law.
Municipal Police Training Council Regulations |
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Those links were a good read. Also showed me a few agencies that I had no clue existed and look like they would be decent jobs.
Also the state IG doesnt have a webpage. what the hell is that all about? |
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I figured as much. It did lead me to a case of wishful thinking though when I was applying for my pistol license. When the investigator asked to photocopy my FD ID and took a look at my shield, I thought it might smooth things along for a unrestricted license. I was disappointed several weeks later when I went to pick up my license and it had the usual Hunt, Fish, Hike, etc. restrictions on it. Bummer... |
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Peace Officer's who are required to have a NYS Pistol Permit will likely be issued an employment restricted license that will only allow you to carry while actually performing an on the job function. Welcome to the idiocy of NYC/NYS.
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Hoplite.....if you're looking into a career in law enforcement, and you want the bonus of the unrestricted carry....I would check out those jobs that fall into the category of police officer as opposed to peace officer
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Well no I didn't think it was your main issue in choosing a job, but hey I figured if two jobs are similar, that would certainly be a nice bonus. A job you might want to look into (but is very hard to get) would be as an investigator for a DA's office. |
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Not always. When I started out as a CO, we were required to get a pistol permit. Our permits had the "restricted to hunting and target practice" overstamp, but nothing about being strictly for job related duties. |
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Every Pistol License issuing county in NYS does things somewhat differently. It's a hodge podge list of arbitrary restrictions/requirements and standards that they operate from. My friend collected the coins from village parking meters and was issued an unrestricted pistol license when he was eighteen. New York is nutz, but that shouldn't come as any surprise to anyone who lives here. |
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I can tell you with absolute certainty that the NYS Peace Officer course is taught in two weeks, + 1 if armed where I work and has been for a very long time. I even looked around on the net and found a couple places in NY that run a 35 hour unarmed peace officer course. That two weeks(+1 for fireams) was good enough for the Town of Hempstead Bay Constables and everyone else that enrolled. This is off of the NYS Division of Probation and Correctional Alternatives Website Also, in New York State, all probation officers are peace officers. Peace officer training requires a complete week of basic peace officer training as well as a second week[/bleu] of firearms qualification to be completed within the first year of employment. If some agency is requiring 6-8 weeks just for a Peace Officer cert, they are GROSSLY exceeding the NYS BMP requirments for the title. |
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What Sherm said. The additional firearms training which includes NYS PL Article 35 training is usually a 24 hour class as a minimum. The minimum basic course for a NYS Police Officer is 510 hours plus 40 hours of supervised field training.
9 NYCRR § 6025.3 Minimum standards (a) The minimum amount of training for which certification can be granted by the commissioner shall consist of: (1) the 35 classroom hours of instruction for peace officers or the 10 classroom hours of instruction for part-time peace officers, in subjects and time allotment as prescribed by the council; and (2) those subjects and hours of instruction for peace officers and part-time peace officers as may be prescribed by their employers. (b) Illustrative of, but not necessarily limited thereto, the basic training curriculum prescribed by the council may include certain major groupings of subjects such as basic law, ethics, investigations, observation and perception, techniques and mechanics of arrest, field note-taking and report-writing, interagency cooperation and conflict resolution. (c) No peace officers, notwithstanding the date of their appointment, shall be allowed by their employer to carry or use a weapon during any phase of their official duties which constitutes on-duty employment, unless they have, within six months of the effective date of this article or appointment, whichever is later, satisfactorily completed a course of training approved by the council in the use of deadly physical force and firearms and other weapons, and annually receive instruction in deadly physical force and the use of firearms and other weapons as approved by the council. Statutory authority: Executive Law, art. 35, §§ 840, 842 |
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Thats not quite correct , they prob have'nt updated the text in while as it has been changed and MPTC Municipal Police Training Council has required much more training since about 2000. In fact MPTC has actually been swallowed up into another "agency" since then (cant remember the name just now) NY State is famous for contradictions and not updating , it seems many times that one part of the state does'nt know what the others are doing even when dealing with the same topic. In fact just this last July 1 , they have mandated that any peace or police officer ( those who carry) who fail to qualify in firearms training at any time in their career to lose there status. That prob wont reflect in text for a couple of years as well |
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Do you know where can I get some more info on this? |
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In other words if an officer comes up to the range for requal and fails , he/she is given an opportunity for a remedial , if they fail they lose there p.o. status whether a recruit or senior officer. I think the best place to find it is on the state criminal justice area web site. |
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I know of some agencys that if you fail, it just means that you can not work a post with a firearm. |
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I don't know if it is common practice in all departments but if you have a problem with requalifying on the range a firearms instructor will usually requalify you on a one-on-one basis. I have never heard of a desk jockey losing his/her certification because they couldn't qualify on the range. |
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we do remedials all the time , the thing is now the state is pulling status if you stll dont make it regardless of what post you may have. |
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I was a Peace officer in Yonkers. 35 hours training, OUR regs mandated you must already have a NYS State Pistol License (any license including just a "house permit" if that was all we could get), our Peace Officer Status plus our 7x24x365 on call gave us CCW in NYC also. I could have issued VTL (Vehicle & Traffic Law), but we knew better. We were told do not act as a POLICE OFFICER unless we are on MANDATORY office coverage, took call-ins and went into the field to interview - etc. All other times, just stay low - .
BTW - we were authorized to carry a bazooka (firearms as required), but our side arm was S&W or Colt Snubbies. In the middle of PO FIREARMS CeRT, our budget was cut and we never finished the program - even if we wanted to pay for it out of pocket. |
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I've been looking and can't find that info anywhere. |
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Hoplite,
Just a heads up,New York state is running the exam for Park Police and University Police sometime around December. |
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Do you have a link for this info? |
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Zw17,
Here is the link for park police, not great money to start but it beats the $25,000 NYPD will be starting at for the next class and thereafter, and lot less stressful. www.cs.state.ny.us/announ/sched-announcements/Oct17-2005/24-534.cfm |
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ZW17,
Heres the link for the SUNY police: www.cs.state.ny.us/announ/sched-announcements/Oct17-2005/24-534.cfm if your looking for a police or civil service job check the civil service site frequently as they always have an eexam for something. |
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I thought NYPD was starting in the mid 30s. 25 K is starvation pay in NYC. |
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TC as of the last contract, binding arbitration lowered the starting salary for recruits in the academy to 25K |
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Or you can check out the NYSDOC. It is a good stepping stone into the Law Enforcement community.
http://www.docs.state.ny.us/Pressrel/COExamNov2005.htm |
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