# Concealed carry with an employment restriction



## No Mercy (Jul 6, 2008)

I'm a new auxiliary officer. I'm sworn in and have the same arrest powers as a full timer. When I went to get my LTC altered, the city I live in refused my dept.'s request for "All Lawful Purposes" and instead gave me an "Employment Restriction" due to my age (22) and the violence in the city. 

I asked my Lt. about it and he said that as a cop, I'm technically on duty 24/7, so I would be able to carry concealed when not in uniform. I'm a little nervous about it though. I wanted some other officers' perspective on this.

Another thought is that law that Bush passed that says any officer can carry anywhere in the U.S. I think it's a little unfair that the country says I can carry anywhere, but the chief of the city I live in says I can't.


----------



## SPINMASS (Jan 30, 2004)

Don't know what department you work for, when I am off duty I am done period. The blinders come on and I act as a good witness.


----------



## No Mercy (Jul 6, 2008)

SPINMASS said:


> Don't know what department you work for, when I am off duty I am done period. The blinders come on and I act as a good witness.


Well it's not that I want to be out fighting crime on my time off. But I do want to carry for my own protection. I'm not beyond keeping my distance and calling 911. But even if I wasn't a cop I'd still want to carry just in case.


----------



## SPINMASS (Jan 30, 2004)

Maybe your department can issue your LTC, otherwise I don't know if their is anything that you can do.


----------



## Goose (Dec 1, 2004)

Just move to a different town where the Chief is better...


----------



## Guest (Jul 3, 2009)

If you are sworn in as an Aux... You do not have 'powers' 24/7. You have powers when 'training' and when activated as part of a state of emergency. Take a deep breath... it's a long ride. Which Lt. did you ask by the way? A full time Lieutenant, or an Auxiliary Lieutenant? You better grab your department P&P before you do something to get yourself in a whole lotta trouble.

H.R. 218 Final Text

Are you issued photo ID's from the department? I would be careful trying to use HR 218 as an Aux. I can't even use it as a Part-Timer (municipality) or Full-Time Campus PD.


----------



## No Mercy (Jul 6, 2008)

5-0 said:


> If you are sworn in as an Aux... You do not have 'powers' 24/7. You have powers when 'training' and when activated as part of a state of emergency. Take a deep breath... it's a long ride. Which Lt. did you ask by the way? A full time Lieutenant, or an Auxiliary Lieutenant? You better grab your department P&P before you do something to get yourself in a whole lotta trouble.
> 
> H.R. 218 Final Text
> 
> Are you issued photo ID's from the department? I would be careful trying to use HR 218 as an Aux. I can't even use it as a Part-Timer (municipality) or Full-Time Campus PD.


I just replied to this and it never appeared so sorry if it comes up twice. Anyways, yes I do have arrest powers 24/7. Unless all of my academy instructors, my chief, and my ID are mistaken. I know many specials don't have powers of arrest. We do.

And as far as H.R. 218 is concerned, we just had a meeting concerning qualifying on the range with our personal pistols since we're not allowed to carry our dept. issued Glocks when not on a shift.


----------



## Harley387 (May 1, 2002)

5-0 said:


> I can't even use it as a Part-Timer (municipality) or Full-Time Campus PD.


Where does the law say that a part-time Officer is not covered under LEOSA????


----------



## No Mercy (Jul 6, 2008)

Harley387 said:


> Where does the law say that a part-time Officer is not covered under LEOSA????


It actually says anyone with the powers of arrest qualifies for LEOSA. This was to cover the reserve officers in places like western MA and other states with small towns where all of their officers are part timers with just one full timer, the chief. Fortunately for unpaid specials, it covers us too.


----------



## Guest (Jul 3, 2009)

Harley387 said:


> Where does the law say that a part-time Officer is not covered under LEOSA????


Our P&P states that part-timers do not have arrest powers off duty, and the dept has not issued photo ID's to us either. So... I don't carry out of state. The campus PD I work for is private, so it doesn't qualify as a governmental agency. I'm not going to be the guy to make case law about that. 



No Mercy said:


> I just replied to this and it never appeared so sorry if it comes up twice. Anyways, yes I do have arrest powers 24/7. Unless all of my academy instructors, my chief, and my ID are mistaken. I know many specials don't have powers of arrest. We do.
> 
> And as far as H.R. 218 is concerned, we just had a meeting concerning qualifying on the range with our personal pistols since we're not allowed to carry our dept. issued Glocks when not on a shift.


You and I have different definitions of Auxiliary then. Are you paid when you work? If you are, I would consider you part-timers. What academy are you referring to. Reserve? Like I said before. You better read your department policy and procedures in reference to the auxiliary unit. If it's not on paper, watch how fast all these people who 'told' you stuff disappear when you get in the glue.


----------



## AOfficer2009 (Jun 3, 2009)

I am an auxiliary officer also and was sworn in as an auxiliary and do have full arrest powers. I was told by the full time training officer that even though we are sworn in and have full arrest powers these only qualify when we are on duty, not 24/7 like the full timers.


----------



## mpd61 (Aug 7, 2002)

Getting back to the original context of your question...
If you have been given a Class "A" LTC with an employment restriction, I believe it has been upheld that any such restriction will not hold water. He should have issued you a "B" if he doesn't trust you (Gay) and left you to fly on your own with your Auxiliary Badge and Auxiliary weapon while on duty.

I believe your Town where you work can issue you an LTC! So try that!
:!:


----------



## Guest (Jul 5, 2009)

Why doesn't your chief just issue you an unrestricted Class A LTC? 

I don't live where I work, but my LTC is issued by my police department.


----------



## MetrowestPD (Oct 21, 2008)

Delta784 said:


> Why doesn't your chief just issue you an unrestricted Class A LTC?
> 
> I don't live where I work, but my LTC is issued by my police department.


Delta, The reason may be that until last October departments were not authorized to issue LTC's, unless the officer lived in their city/town. It has now changed, they finally got this right.

*Chapter 140: Section 131. Licenses to carry firearms; Class A and B; conditions and restrictions*

_[ Introductory paragraph of paragraph (d) effective until October 29, 2008. For text effective October 29, 2008, see below.]_
(d) Any person residing or having a place of business within the jurisdiction of the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to such licensing authority or the colonel of state police, an application for a Class A or Class B license to carry firearms, or renewal of the same, which such licensing authority or said colonel may issue if it appears that the applicant is a suitable person to be issued such license, and that the applicant has good reason to fear injury to his person or property, or for any other reason, including the carrying of firearms for use in sport or target practice only, subject to such restrictions expressed or authorized under this section, unless the applicant:
_[ Introductory paragraph of paragraph (d) as amended by 2008, 224 effective October 29, 2008. For text effective until October 29, 2008, see above.]_
(d) Any person residing or having a place of business within the jurisdiction of the licensing authority or *any law enforcement officer employed by the licensing authority* or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to such licensing authority or the colonel of state police, an application for a Class A or Class B license to carry firearms, or renewal of the same, which such licensing authority or said colonel may issue if it appears that the applicant is a suitable person to be issued such license, and that the applicant has good reason to fear injury to his person or property, or for any other reason, including the carrying of firearms for use in sport or target practice only, subject to such restrictions expressed or authorized under this section, unless the applicant:


----------



## Guest (Jul 5, 2009)

MetrowestPD said:


> Delta, The reason may be that until last October departments were not authorized to issue LTC's, unless the officer lived in their city/town.


My current LTC was issued in 2006.



MetrowestPD said:


> It has now changed, they finally got this right.


Great....the OP should then have his/her chief issue them the unrestricted Class A LTC.

Problem solved.


----------



## MetrowestPD (Oct 21, 2008)

Delta784 said:


> My current LTC was issued in 2006.
> 
> Great....the OP should then have his/her chief issue them the unrestricted Class A LTC.
> 
> Problem solved.


My department also always issued the LTC's to all the officers. The problem was when the MA chiefs of Police had a meeting, they all found out it was illegal, and many stopped doing it for fear of it coming back to bite them, including my chief. That is why they changed the law, however I know I had to tell my chief about the change in the law. My guess would be many chiefs do not know about the change and still believe they can't issue them.

I suggest to that the auxiliary officer print out the law and bring it to the chief.


----------



## Guest (Jul 5, 2009)

MetrowestPD said:


> My department also always issued the LTC's to all the officers. The problem was when the MA chiefs of Police had a meeting, they all found out it was illegal, and many stopped doing it for fear of it coming back to bite them, including my chief.


Back in 2006, I would have gladly paid the $100 out of my own pocket to get my LTC from someone other than the then-chief, but I was ordered to get it from my PD, so I did.

In any case, the OP needs to get his/her LTC through their chief of police.


----------



## Nighttrain (Dec 10, 2004)

No Mercy said:


> It actually says anyone with the powers of arrest qualifies for LEOSA. This was to cover the reserve officers in places like western MA and other states with small towns where all of their officers are part timers with just one full timer, the chief. Fortunately for unpaid specials, it covers us too.


I'm sure when 218 was passed it was with the part time officers in western MA in mind.


----------



## 263FPD (Oct 29, 2004)

If you are trying to get on the job full time and do not plan to move out of your current location, I would not recomend getting in to a pissing contest with the licensing authority since your resident preference is still there. If you move to another town, you can kill two birds with one stone. You can get a license upgrade, and put yourself on a resident preference list there at the next exam date.

Also, my question is this, Are you considered Aux. or Reserve? I have never heard of an Aux. Dept. that is authorized 24/7 arrest authority. I also have not seen the language of H.R.218 that covers Auxiliary Police. I am not saying that it doesn't because I don't know for sure. Common sence would dictate that Reserve Officers would be covered since they are usually are paid by their department and thus are considered employees.


----------



## OfficerObie59 (Sep 14, 2007)

Delta784 said:


> Back in 2006, I would have gladly paid the $100 out of my own pocket to get my LTC from someone other than the then-chief, but I was ordered to get it from my PD, so I did.
> 
> In any case, the OP needs to get his/her LTC through their chief of police.


 Recently, one of the guys from my PD who lives in another town came up for a renewal on his LTC. He had always been getting it from our dept., but the secretary who handles licensing informed him he'd have to go to the municipality where he lives and renew.

If you're an LEO, you are "supposed" to get the license from the municipality in which you live, not work, at the discounted fee of $25.

I'm not sure if this rule was changed recently or that it's simply that departments have just begun to enforce it, but I've also seen out-of-town officers who live in my town have to come in to my station for LTC's as well.


----------



## Foxy85 (Mar 29, 2006)

Nighttrain said:


> I'm sure when 218 was passed it was with the part time officers in western MA in mind.


:razz: ....


----------

