College Student and LEO

This is a discussion on College Student and LEO within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am a full-time college student and also a certified law enforcement officer. I have been trying to find if I am exempt from the ...

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Thread: College Student and LEO

  1. #1
    New Member Array Didymus's Avatar
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    College Student and LEO

    I am a full-time college student and also a certified law enforcement officer. I have been trying to find if I am exempt from the schools no weapon policy, as I am usually carrying a concealed weapon when I am off duty. I have not carried my weapon into the school yet and I have not approached the staff at the school yet. I wanted to see what, if any, laws would prohibit this.

    Thanks.

    Didymus

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    Ex Member Array Shrunken's Avatar
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    I would think this situation has probably occured before and you should probably ask your Captain or his superior for a ruling/law.

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    VIP Member Array paaiyan's Avatar
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    Check your local laws. In OK LEOs are only exempt from school carry preclusions if they are carrying while performing their duties.
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    Member Array MgoBlue's Avatar
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    There is Federal law prohibiting carrying of a gun in a primary or secondary educational institution. The Federal law does not prohibit carry on a college campus. You will need to check your local state laws to see whether or not such carry is prohibited. Some states explicitly allow such carry (e.g., Utah comes to my mind), some states explicitly ban carry, and some states (e.g., Kentucky) are rather silent on the matter -- with conflicting statutes. Regardless, check with handgunlaw.us for your exact case.

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    VIP Member Array Guantes's Avatar
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    In addition to the above, department policy must be considered.

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    laws broken? you should know since you're a cop, right?

    ....check the local/state laws/department policy on off-duty carry

    as for the school policy....its just that....policy...they may only be able to "discipline" you as school vs student as in suspension/expulsion

    for example...here in Texas off-duty officers can carry 24/7 including into schools; we carry off-duty, concealed, in plain clothes to training classes, continuing ed classes all the time

    the law may say yes, but if a school's board/administration say no then you're at their mercy as far as continuing to be a student there

    I know when I go back to finish my 2nd degree I'll be carrying
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    VIP Member Array friesepferd's Avatar
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    assuming this is in SD,
    looks like legally, there are very few places off limits:
    http://www.handgunlaw.us/states/southdakota.pdf
    so you dont have to worry about state or federal laws.
    you do need to see if your university has a no weapons policy, which im sure they do. It might have something in it which would except you from the rule, but most likely you would just have to ask for permission and explain why, etc.. and most likely they will say no.
    having said that, worst that would happen if u then get caught is being expelled, not put in jail
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    You're an LEO and you come to a forum to ask an extremely important legal question. Humm.
    Retired USAF E-8. Avatar is OldVet from days long gone. Oh, to be young again.
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    Senior Member Array deafdave3's Avatar
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    There is a federal law (not sure which or where), that allows all LEOs and retired LEOs to pack anywhere in the US.

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    Member Array VTLO910's Avatar
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    On Duty, Not an issue.

    Off duty, the law reads in MOST places that it is illegal to carry on school grounds unless you have permission of the Superintendent (or similar person/s) and/or if is part of the schools Shooting/firearms program, which in any case would have permission of the school anyways.
    ::: NRA Law Enforcement Firearms Instructor, Military Veteran, Public Safety Professional :::

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    Member Array Bkrazy's Avatar
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    Quote Originally Posted by OldVet View Post
    You're an LEO and you come to a forum to ask an extremely important legal question. Humm.
    Considering the number of LEOs that are unknowledgeable on this subject I would think it is very appropriate for the OP to come and ask the subject matter experts (not that I am one).
    Please take my posts with a grain of salt. I am frequently sleep deprived and always just on this side of "Krazy".

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    VIP Member Array hogdaddy's Avatar
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    Quote Originally Posted by 64zebra View Post
    laws broken? you should know since you're a cop, right?

    ....check the local/state laws/department policy on off-duty carry

    as for the school policy....its just that....policy...they may only be able to "discipline" you as school vs student as in suspension/expulsion

    for example...here in Texas off-duty officers can carry 24/7 including into schools; we carry off-duty, concealed, in plain clothes to training classes, continuing ed classes all the time

    the law may say yes, but if a school's board/administration say no then you're at their mercy as far as continuing to be a student there

    I know when I go back to finish my 2nd degree I'll be carrying
    ^^^^^^^^^^^^^^^^^Winner^^^^^^^^^^^^^^^^^Law Man 24/7 in FL.
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    Member Array VTLO910's Avatar
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    Quote Originally Posted by deafdave3 View Post
    There is a federal law (not sure which or where), that allows all LEOs and retired LEOs to pack anywhere in the US.
    H.R. 218 or LEOSA (Law Enforcement Officers Safety Act, 2004)

    Although I offer words of caution. As I understand it, when off duty it still restricts the carry in Schools/Universities, and where deemed by State or Private Entities to not allow carry.

    If you plan to carry under H.R. 218, check with the U.S. Attorneys Office or Chief Counsel. Get your response in writing.
    ::: NRA Law Enforcement Firearms Instructor, Military Veteran, Public Safety Professional :::

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    Read LEOSA.

    There is no question about it.

    "(b) This section shall not be construed to supersede or limit the laws of any State that-- (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park."

    OTOH, you need to check your State Law.
    Last edited by DaveH; June 30th, 2010 at 07:20 PM. Reason: sp
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    Senior Member Array WC145's Avatar
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    You're a certified LEO but are you employed and sworn? That could make a big difference in how the law affects you and your situation and whether or not LEOSA comes into play. I don't know anything about S.D. but here in Maine, under certain circumstances, you can be certified but not employed/sworn, if you're not you have no powers of arrest, no authorization to carry, etc..

    For instance, as a sworn LEO I carry the same places off duty as on, throughout Maine. And, thanks to LEOSA, when I drove to Massachusetts on Sunday for a four day mini-vacation and to compete in a LE shooting match, I was able to carry concealed while I was there even though Mass gun/carry laws are very strict.

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