# Special Police Officers and LEOSA



## BruinsFan (Mar 8, 2013)

Hi all,

I tired searching for a thread that would answer this question, but I couldn't seem to find it. If there is one, feel free to let me know where its at and delete this thread if you want. 

I am a special police officer in Massachusetts. I do have statutory powers of arrest, and I do carry a firearm on duty. I also have my class-A unrestricted license to carry firearms and I do carry concealed throughout the state regularly. 

I am wondering if being a special police officer would give me coverage by LEOSA to carry my firearm off duty. I am not going to take any chances by carrying my firearm out of state until I know for sure that I can do that.


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## Guest (Mar 8, 2013)

No, one of the provisions of the LEOSA is that you are employed by a government agency.


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## BruinsFan (Mar 8, 2013)

Delta784 said:


> No, one of the provisions of the LEOSA is that you are employed by a government agency.


Just to clarify, I actually do work for a municipal police department as a special police officer. Sorry that I wasn't clear about that.


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## Code 3 (Dec 28, 2012)

Oh you mean not a Boston special, but hired as a special for a town or city correct?

Sent from my SCH-I535 using Tapatalk 2


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## BruinsFan (Mar 8, 2013)

Code 3 said:


> Oh you mean not a Boston special, but hired as a special for a town or city correct?
> 
> Sent from my SCH-I535 using Tapatalk 2


That is correct.


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## Guest (Mar 8, 2013)

BruinsFan said:


> Just to clarify, I actually do work for a municipal police department as a special police officer. Sorry that I wasn't clear about that.


Depends on how you interpret the law. I wouldn't want to risk an out-of-state felony conviction, personally.


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## Herrdoktor (Jun 23, 2010)

BruinsFan said:


> Just to clarify, I actually do work for a municipal police department as a special police officer. Sorry that I wasn't clear about that.


Pretty grey area imo and not worth the trouble.


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## Goose (Dec 1, 2004)

Where do you plan on going? As a MA resident, you can qualify for a number of non-resident CCW permits in other states, and be covered in even more atates through reciprocity.

Hell, off the top of my head with your MA LTC you could carry in Indiana, Missouri, and Michigan...

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## BruinsFan (Mar 8, 2013)

frank said:


> Where do you plan on going? As a MA resident, you can qualify for a number of non-resident CCW permits in other states, and be covered in even more atates through reciprocity.
> 
> Hell, off the top of my head with your MA LTC you could carry in Indiana, Missouri, and Michigan...
> 
> Sent from my POS using Tapatalk 2


I don't really plan on going anywhere. I was just wondering in general if we were covered under LEOSA.


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## Code 3 (Dec 28, 2012)

IMO specials in municipal departments go along with reserve officer/part time or summer gig. I say if you are qualified with said firearm, have a current photo id and badge issued by a govt agency you are all set.


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## Hush (Feb 1, 2009)

Unfortunately that doesn't satisfy the statutory requirements.


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## Guest (Mar 8, 2013)

I don't think it's a gray area. If his PAYCHECK comes from a government entity, he's g2g. 

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## militia_man (Mar 27, 2005)

There is always the chance that you could be arrested, but there has already been cases successfully fought by parties claiming protection under LEOSA. Even by those who wouldn't typically be considered to be law enforcement officers. There was a Pennsylvania constable who was arrested for carrying in NYC and a member of the Coast Guard who was arrested somewhere (New Jersey I think). The courts agreed with them that they were protected by LEOSA. It appears that the revised LEOSA may extend coverage to military police as well. The director of the Air Force Security Forces recently released a memo stating that the Air Force is drawing up policies for their personnel who wish to carry a firearm under LEOSA. In my opinion you would be just fine. Especially considering that you are granted your police powers by a municipality.


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## BruinsFan (Mar 8, 2013)

Code 3 said:


> IMO specials in municipal departments go along with reserve officer/part time or summer gig. I say if you are qualified with said firearm, have a current photo id and badge issued by a govt agency you are all set.


My department does issue me both of those. As far as I'm concerned I believe I'm all set, just did not want to take any chances considering I'm not full time.


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## Irishpride (May 5, 2002)

In accordance with 18 USC 926B,[4] a "qualified law enforcement officer" means an employee of a governmental agency who:

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, or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);
is authorized by the agency to carry a firearm;
is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;
meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
is not prohibited by Federal law from receiving a firearm.
Additionally, the individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency.

Doesn't seem like a grey area to me, nowhere does it distinguish qualified as full time or part time. If the above applies to you then you are covered by the LEOSA, it's not rocket science.

Also there is New York case that ruled that a part-time Constable from PA was protected under the LEOSA (New York v. Rodriguez)


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## Code 3 (Dec 28, 2012)

Hush said:


> Unfortunately that doesn't satisfy the statutory requirements.


 Why though? He has the credentials and is an officer with a government agency, that's the requirement to be covered under HR218 ? I'm just a part time door shaker so I could be wrong, but it seems he's covered.


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## Code 3 (Dec 28, 2012)

Irishpride said:


> In accordance with 18 USC 926B,[4] a "qualified law enforcement officer" means an employee of a governmental agency who:
> 
> 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, or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);
> _*is authorized by the agency to carry a firearm;*_
> ...


Seems like the bold is what he has...so g2g


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## Goose (Dec 1, 2004)

He's good; I carried under LEOSA as a part timer as well. Something important to note is that you aren't restricted to what firearm(s) you can carry if you are an active law enforcement officer; I believe the qualified with said firearm part only applies if you are retired.


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## Code 3 (Dec 28, 2012)

Thank you for clarification Frank.


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## BruinsFan (Mar 8, 2013)

Thanks brothers. I think I'm good to go if I have my credentials such as my photo ID on me. I don't carry around my badge but my ID I think might be good enough.

Thanks again guys.


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## Herrdoktor (Jun 23, 2010)

BruinsFan said:


> Thanks brothers. I think I'm good to go if I have my credentials such as my photo ID on me. I don't carry around my badge but my ID I think might be good enough.
> 
> Thanks again guys.


Just be careful in places that are real iffy like NYC

Fuck even I don't carry there because of the shit that has happened.


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## Code 3 (Dec 28, 2012)

Herrdoktor said:


> Just be careful in places that are real iffy like NYC
> 
> Fuck even I don't carry there because of the shit that has happened.


 Sad to see other brothers out of state who put the screws to you. Where's the brotherhood!?


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## Hush (Feb 1, 2009)

Code 3 said:


> Sad to see other brothers out of state who put the screws to you. Where's the brotherhood!?


Fucked up by politicking


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## Guest (Mar 8, 2013)

Herrdoktor said:


> Just be careful in places that are real iffy like NYC
> 
> Fuck even I don't carry there because of the shit that has happened.


After LEOSA passed, I was in NYC before Christmas, and got talking with a couple of NYPD guys. When I told them I was on the job in MA, they both said they hoped I was carrying. No issue at all.


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