# Hr 218



## Guest (Dec 1, 2005)

Hello. I am a Corrections Officer for the Indiana Department of Corrections and transplanted Mass resident -Malden, Mass. I have a question about HR 218 and how my home state treats this law. Senator Lugar, R-IN, informs me that myself and fellow Corrections Officers around the Country are covered by HR 218. 

My question is this: When I come home for a visit do I have to stop at the Mass State line and disarm myself? I realize that HR 218 is supposed to qualify myself to carry conceld but with the many, many crazy anti-gun laws in Mass I do not want to become an "offender". 

Thank you all in advance.


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## Clouseau (Mar 9, 2004)

I wouldn't care, but I didn't get the impression that corrections were covered.
To be honest, I believe the law is still too new for anyone to be sure.{About corrections}. 
I certainly wouldn't go by the comments of a senator, but if you are covered, you wouldn't have to disarm per Mass law.

_`(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;_


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## 2-Delta (Aug 13, 2003)

Clouseau said:


> _`(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;_


Seems if you were at least deputized while being a corrections officer you meet the entire regulation.


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## Tackleberry (Jan 31, 2005)

I don't know the answer to your question OLEBALDY1, basically I'm just piggybacking on your thread with another question. 

Do you think HR 218 or now Public Law 108-277 covers Military Police personal? They are 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. And in my opinion is a form of Federal Law Enforcement.

The reason I ask is I pulled over an active duty Army MP the other day for speeding. He informed me that he was carrying a weapon and provided me with a LTC from his home state of Washington. The fire arm he was carrying wasn't MA compliant either but I'm not going to harass a Active Duty military member that had owned the fire arm before PCSing to this state. He said that he was informed by his commander that they were covered under the act. I didn't know what was right nor did any other person in my department. So I just kicked him loose. 

Any input?


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## Clouseau (Mar 9, 2004)

Tackleberry said:


> Do you think HR 218 or now Public Law 108-277 covers Military Police personal?
> Any input?


I would say no.

I would not consider an MP a federal law enforcement officer.{This type}.
An MP couldn't carry a weapon off base when he was not working.. before HR218.

Why would he be able to now? {Unless he was working}.


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## K9Vinny (Sep 25, 2005)

I agree that MP's are not covered in HR218. The Posse Comitatus (sp?) act prohibits the military from police powers in the states absent some sort of crisis. However, I would say that was good discretion on your part. Concentrate your efforts on more serious matters. Don't forget to thank him for serving.


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## Guest (Dec 7, 2005)

An CID agent is a federal law enforcenment agent. As far as Army goes, the MP LE function was an extension of the Provost Marsal or Post Commander to which the MP is assigned to (that is key). Once th MP was not performing his LE function (the specified LE duty hour), the MP was no longer an extension of the mentioned commands and now was just a holder of the MOS. Now, it gets crazy when National Guard MPs are deputized. When deputized, there usually is a written memorandum of agreement listing the extent of authority or any restrictions. Still, if an MP, not operating with specific orders when off post, then inform him that you will notify his First Sergeant. See how his bravado changes.


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## Clouseau (Mar 9, 2004)

*


USMCMP5811 said:



Clouseau, Although I see your point, I would have to say that your explanation of carring a weapon off base is wrong. Why wouldn't an MP be able to carry off base? Prior to HR218, I could carry off base all day long off duty as long as I had my CCW. Just like prior to HR218, most officers could not carry in another state endQUOTE]

Click to expand...

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USMCMP5811 said:


> USMC, that's my point. You needed a CCW. You couldn't do it on the badge alone. If you couldn't do it off base on the badge alone, why would you now be able to do it out of state on the badge alone?
> 
> Most cops could already carry state wide on the badge alone.
> 
> ...


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## Guest (Dec 18, 2005)

Clouseau said:


> *
> 
> 
> USMCMP5811 said:
> ...


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