Originally Posted by
rcpolynikes
Interesting development indeed. Alright, forgive me for beating a dead horse and believe me when I say that it's not my intention to anger any LE but here goes. First of all I'm a commissioned military officer that is by no means involved in any "daily" law enforcement capacity. However, as some of you may know Article 7b rule 302 of the UCMJ grants "apprehension powers" to commissioned officers, warrant officers, NCO's and petty officers. Many officers take on investigative legal roles as well in commands. Now I fully understand that the intent of the latest development to the LEOSA signed into law by the CinC Jan 2 probably wasn't intended for those groups of people. However, that's how it was written and signed(which ever lawyer wrote the extension should have been a bit more careful with this bit). I'm personally going to meet with a JAG this week to verify the legality of coverage for all commissioned officers, warrant officers, and NCO's. I'll be sure to pass on the info but I'm fairly certain he won't have an answer for me right away. And when he does... it probably won't be the answer that I'd like. I understand how some in the law enforcement community would not be impressed with Butter Bar Smith or Sgt Timmy carrying under LEOSA but we have to remember that all it grants LE's is exemption from state CCW's... This is especially a pain in the behind for military members who have to get various CCW's for the different duty stations we are sent every couple years.
The new law states:
A “qualified active law enforcement officer” is defined as an employee of a government agency
who: 2
is authorized by law to engage in or supervise the prevention, detection, investigation,
prosecution or the incarceration of any person for any violation of law;
has statutory powers of arrest or apprehension under 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 the 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 possessing a firearm.
As far as I can see, even just as a commissioned officer I meet all those criteria. My only concern is the showing the proper credentials. I don't think a CAC card would cut it. Though they do show a service members rank...ie, officer, warrant, NCO....clearly not LE credentials though. I won't carry until I receive the okay for the legal office. And yes... I will carry if a DOD legal tells me that I'm justified(as vague as that hope may be)... I have to try right? Ultimately the way ahead that I'll take is writing my Congressional Representatives and recommending a similar "Miltary Member Safety Act" for qualified service members... since we all know that "congressional carry" is long gone. Thoughts?