HR218

HR218

This is a discussion on HR218 within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hey I have a question which I will assume the answer is no. I am VT DOC correction officer and I reside in NY. Can ...

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Thread: HR218

  1. #1
    New Member Array Drobert017's Avatar
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    HR218

    Hey I have a question which I will assume the answer is no. I am VT DOC correction officer and I reside in NY. Can I carry on my badge just like NY DOC? I'm guessing no but if I can avoid NY fees and lengthy Process I will to get my carry


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    New Member Array Drobert017's Avatar
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    VT does not recognize doc as peace officers

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    It is explained as:

    This law applies to persons who meet the definition listed below of a "Qualified Law Enforcement Officer."

    qualified law enforcement officer means an employee of a governmental agency who--

    `(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;

    `(3) is not the subject of any disciplinary action by the agency;

    `(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

    `(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

    `(6) is not prohibited by Federal law from receiving a firearm.

    If you meet that criteria, then you are good to go.

    link here: HR 218, the Law Enforcement Officer Safety Act
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    Member Array Archie's Avatar
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    Essentially, if your Department will issue you a credential card based on HR 218, you can carry pretty much throughout the U. S. There ARE some restricted areas, such as county buildings, courthouses, and incarceration centers where even on duty law enforcement cannot normally carry. (Read the directions!) Also, the N'Yawk State law regarding magazine capacity IS binding as HR 218 only exempts from 'concealed weapon laws'. Only the Lord knows what PDSR California will dream up to defeat the intent of HR 218.

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    It is a touchy subject. The people in DC really need to clarify the law that Correctional Officers are covered. From what I've seen/heard many people boil it down to whether you have arrest powers. If you can arrest you're covered. If you cannot, then you're out of luck. I'm not saying that is correct- it is what I've heard. Since you're dealing with NY State I'd assume the worst until I found proof of something else. If you're right and the arrest you anyway it won't do you much good.
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    Sound like you dept. And or state does not recognize you as a Leo so the short answer would be no you cannot carry under Leosa.

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    VIP Member Array Bad Bob's Avatar
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    Quote Originally Posted by Echo_Four View Post
    It is a touchy subject. The people in DC really need to clarify the law that Correctional Officers are covered. From what I've seen/heard many people boil it down to whether you have arrest powers. If you can arrest you're covered. If you cannot, then you're out of luck. I'm not saying that is correct- it is what I've heard. Since you're dealing with NY State I'd assume the worst until I found proof of something else. If you're right and the arrest you anyway it won't do you much good.
    The reason for that is arrest authority has always been the determining factor on who is LE and who is not.
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    VIP Member Array tdave's Avatar
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    I carry under HR 218 Nevada recognizes Corrections as a Category of Peace Officers. Our Department assists other Agencies crowd control event management and a history of impromptus arrests and holds for other agencies . Ask if any of your Departments retirees has requested and received their "Good Guy" letter. Qualified as a retired peace officer and received credentials. If your Department doesn't recognize it that avenue is closed.

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    Senior Member Array Chief1297's Avatar
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    Military police forces are now covered under the LESOA. More to follow as far as procedures.
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    VIP Member Array Secret Spuk's Avatar
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    The short answer is no. I know thats not what you want to hear. NY state corrections officers are sworn peace officers with basic powers of arrest. Their normal duties require they be armed, and that they arrest for crimes. IF YOUR DEPARTMENT dont require you to be armed, or to make arrests you wouldnt qualify under LEOSA. Just like everyone else already stated.

  11. #11
    New Member Array MikeNV's Avatar
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    A great place to ask LEOSA/HR218 questions is Helping to train those who protect and serve | Sheepdog Academy
    Steve Mannion is very well versed on the subject and is an attorney and federal magistrate in NJ.

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