This is a discussion on NYS Correction Officers Carry under HR 218 within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Has any NYS CO's carried out of State under the H R 218 Law? If so, did you have any issues? I'm planning a trip ...
Has any NYS CO's carried out of State under the H R 218 Law? If so, did you have any issues? I'm planning a trip and was going to carry, but while discussing this at work, Some felt we do not qualify while others feel we do. Just looking for other opinions. When I read the law HR 218, I interpet it that we do qualify. Again looking for other opinions.
Dood, Take it Easy. I'm a transplanted New Englander in NY. I was Born and Raised a Redsox fan. It is just more fun here in NY.
Last edited by Sgt Redsox; September 13th, 2009 at 10:37 AM. Reason: left out words
Retired CO (where HR218 takes on a whole new meaning... ie:NYS does not have any requal in place), but the bill specifically mention CO's. No matter what the local Po-Po says, they don't trump the Feds. Just be sure to abide by the other states ammo specifics (NJ in particular).
And if you don't have one, get yourself a NYS permit.
And I still think Boston sucks.
From the New York State Department of Correctional Services Website:
Legal Power And Authority Of Correction Officers
New York State Correction Officers have Peace Officer status under section 2.10 of the New York State Criminal Procedure Law. This authorizes them to make warrantless arrests, carry and use a concealed/un-concealed firearm, and use physical and deadly physical force. New York State Correction Officers have Peace Officer status while both on duty and off duty.
Looks like you are covered to me.
HR 218 has been codified into Federal Law and is now 18 US Code 926B and 926C for retired officers.
Title 18 of the U.S. Code, Section 926B
(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).
(b) This section shall not be construed to supersede or limit the laws of any State that—
(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
(c) As used in this section, the term “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.
(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.
(e) As used in this section, the term `firearm'--
(1) except as provided in this subsection, has the same meaning as in section 921 of this title;
(2) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and
(3) does not include--
(A) any machinegun (as defined in section 5845 of the National Firearms Act);
(B) any firearm silencer (as defined in section 921 of this title); and
(C) any destructive device (as defined in section 921 of this title).
(f) For the purposes of this section, a law enforcement officer of the Amtrak Police Department or a law enforcement or police officer of the executive branch of the Federal Government qualifies as 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.'
Since New York statutes give you status as a law enforcement officer, I would say the 18 USC 926B allows you to carry out of state.
Ask your legal department.
They will give the agency's opinion on the matter.
FWIW: it looks to me like you do qualify, as you have arrest powers, but I'm not a lawyer. Take care, watch your back, and stay safe.
It does not matter what his Dept's legal team says (although they most likely would not even reply) as NYS LAW and Federal law both specifically say he can carry under HR218/Title 18
Wow. Such a simple question, and so many opinions. I guess this is why we have Lawyers.
I thank everybody who responded.
IMHO NYS Corrections are generally covered by HR 218 because they meet the criteria. That does not, however, insluate anyone from false arrest. A NYS C.O. was arrested by NJSP for carrying and the charges were later dropped. As retired LEOs in NY, I am more than willing to do whatever I can to help educate your elected officials as to the need to enact legislation for retired LEOs living in NY. Makes absolutely no sense for them not to do so. Be safe.
Helping to train those who protect and serve...
Hope this helps. I'm a retired DEA Agent, carrying under HR218, sometimes referred to as LEOSA (LEO Safety Act). In my mind, everyone still calls it HR218. It's all OK.
Whether you qualify to carry and actually doing it under LEOSA are two different things. Your former agency can tell you what they are doing (have done) for your retirees.
You'll need a 'retired in good standing' ID from your former agency and some record of you completing training quals for your firearm on an annual basis or whatever is required under State law.
If you've got a retired officers association, they should have this all scoped out by now. Check with them first.
Just qualifying based on FORMER peace officer status will not allow you to carry legally under HR218 without the ID and Qual record for the 'type of firearm' you'll be carrying.
Hope this helps. Many retirees and former officers are confused. There ARE agency's that are dragging there feet on this. Check it out. Stay safe!
Ok here is a twist My brother work for NYPD for almost 5 years and then switched to FDNY and PD will not issue retired ID because he did not retire fromthe job but made a laterial move to FD. Any suggestions to be covered under HR 218