LEOSA and the Coast Guard Update

This is a discussion on LEOSA and the Coast Guard Update within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; Well I brought this topic up a while back and wanted to give everyone an update . I spoke with PO Booth Via email. He ...

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Thread: LEOSA and the Coast Guard Update

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    Senior Member Array cuban11182's Avatar
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    LEOSA and the Coast Guard Update

    Well I brought this topic up a while back and wanted to give everyone an update . I spoke with PO Booth Via email. He has won the case vs the State of New York.

    http://www.defensivecarry.com/vbulle...t-guard-3.html

    Ruling:
    Mark S. Knapp, Federal Way Firearms Lawyer - Federal Anti-Terrorism Law Exempts Officer from Weapons Charge

    Discuss!!!1

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    Interesting, but it still doesn't apply to all CG members and there are still those pesky CG regulations.
    "Just blame Sixto"

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    Senior Member Array cuban11182's Avatar
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    There aren't any CG regulations that prohibit you from carrying a gun. You are right though, Boarding Officers only have the statutory right to arrest. I've searched all our messages that have gone out through out the CG. No mention of LEOSA, which means the CG hasn't made its stance yet.

    Just read this on Internet:
    My agency has a policy that does not allow me to carry my firearm while I am
    off-duty. Does this mean that this legislation will not benefit me?
    If you are a qualified active law enforcement officer, you are legally able to carry a firearm under the provisions of H.R. 218. There may be agencies which enforce or adopt policies, rules, regulations, or employment conditions which discourage or punish officers which choose to carry while off-duty, but such actions do not mean that the officer cannot carry under the provisions of
    the bill

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    I find it hard to believe there are no internal CG policy regarding its members carrying under the CG banner off duty. They very well may be covered under LEOSA, but if the CG does not support them doing so, they still can be left high and dry should trouble arise.
    I'd still go get a permit just to be on the safe side.
    "Just blame Sixto"

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    Senior Member Array cuban11182's Avatar
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    I did get mine while I was home on R&R. And yes there is NO information whatsoever. I had a buddy of mine talk with his dad who is Coast Guard Investigative Services. He had spoken with much higher ups, they couldn't say yes or no. It was addressed with LANT area Admirals, they also wouldn't respond. I agree though, I think you are pretty much by yourself if you get in trouble. Luckily my NC permit will allow me to carry everywhere I intend to go, except in Maryland, but not a big deal as I normally just drive through there.

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    I wouldnt want to be a test case.
    "Just blame Sixto"

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    Distinguished Member Array bandit383's Avatar
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    Wanted for "aggravated unlicensed operation of a motor vehicle" (the operative word is aggravated), unlicensed handgun, bought the gun illegally it appears...the only reason not appealed is because of other pending federal charges (which tells me they probably have a pretty strong case). For a petty officer and uniform wearer...his track record of responsibility and officership is pretty thin.

    But a concerned thought...does that mean all military LEOs have arrest powers...or only the ones that board boats?

    Rick

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    Quote Originally Posted by bandit383 View Post

    But a concerned thought...does that mean all military LEOs have arrest powers...or only the ones that board boats?
    There are several jobs within the military that has "powers of arrest" but their scope of authority is very narrow. I personally don't think LEOSA should apply to most o these types, but thats just me being rational and nothing personal against them.
    "Just blame Sixto"

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    Distinguished Member Array bandit383's Avatar
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    Quote Originally Posted by SIXTO View Post
    There are several jobs within the military that has "powers of arrest" but their scope of authority is very narrow. I personally don't think LEOSA should apply to most o these types, but thats just me being rational and nothing personal against them.
    I agree...the training is different and tailored towards the particular laws (military or civilian...which as we know, are not one and the same).

    Rick

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    VIP Member Array goldshellback's Avatar
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    Quote Originally Posted by bandit383 View Post
    I agree...the training is different and tailored towards the particular laws (military or civilian...which as we know, are not one and the same).

    Rick
    Their powers of arrest fall under thier area of responsibility. My powers of arrest are only on base and while on duty. Off duty and off base, I'm not much more that a civilian......albit the scope of my responsibilities are limited to begin with.

    I have a CCL and no (real) powers of arrest off base. Worse yet, I'm AD Navy and only a 'part time' base security officer. I really don't know the CG's role off the water and off duty.
    "Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008

    (Sometimes) "a fight avioded is a fight won." ... claude clay

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    Senior Member Array cuban11182's Avatar
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    We have our Boarding Officer school at FLETC in Charleston, SC. We have the power to arrest while on duty, and at times can have Customs authority. This guys does seem like a bad character, but if NY state, which is very strict in their gun laws dropped the case, then maybe there is a light at the end of the tunnel. I would think that Commandant would have no other recourse but to address this issue once a ruling has been completed.

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    Distinguished Member Array bandit383's Avatar
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    Quote Originally Posted by cuban11182 View Post
    We have our Boarding Officer school at FLETC in Charleston, SC. We have the power to arrest while on duty, and at times can have Customs authority. This guys does seem like a bad character, but if NY state, which is very strict in their gun laws dropped the case, then maybe there is a light at the end of the tunnel. I would think that Commandant would have no other recourse but to address this issue once a ruling has been completed.
    They didn't file an appeal because of other federal charges (as in a strong case...so no need to waste additional resources or time). Light at the end of the tunnel??? What light? You have the power of arrest while on duty at a duty location...not while driving to and from work off post (land or sea)...correct??

    I am not an advocate of blanket arrest powers or LEOSA to military LEOs...as I am also not an advocate of civilian LEOs making an arrest on military soverignty (my spell checker broke).

    Be very careful what you ask for...

    Rick

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    Senior Member Array cuban11182's Avatar
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    while on duty yes. duty location, thats for everyone. yes i have arrest authority anywhere on the seas and non state exclusive waters.

    but i just wrote to inform. its up to the "judge" to make that decision. and so far in NY it's a precident that makes me excited.

    regarless of the outcome, i have my ccw for the states that i need and will be carrying with the card at all times, not my boarding officer certificate.

    I didn't drive back and forth with my gun because i didn't worry about it and didnt have my pps. my buddy who is here deployed with me and came from san diego actually did. he got pulled over and informed the chp that he was carrying and that he was Coast Guard MSST, the cop started to give him crap, but after talking with a member of SWAT after my buddy had called him he let hiim go.

    we have some crazy teams out there Taclet, LeDet, MSST etc. The taclet teams ride on Navy ship and when they need to do a boarding they lower the navy ensign and raise the CG one. Navy has Military police, but they are only allowed to have their power while on base.

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    I was a Boatswains Mate for 10 years and got out in 2004. I was also sworn in as a Special Deputy Marshall after 9/11. I can promise you that the only CG personnel authorized to carry off duty are the Special Agents and Reserve Special Agents.

    Unless you have been through the Federal Law Enforcement Training Center you have NO business carrying a weapon off duty unless you meet the criteria of your state and have a valid permit.

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    Senior Member Array cuban11182's Avatar
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    Maddy345, then how did my buddy, an MK3 now MK2, carry in San Diego of all places? I ultimately look at it this way. I can say that we can, everyone else can say that we can't. The only thing that really matters is that the state of NY, dropped the case against him. As long as we have a case that validates us as LEO's then that's all that matters to me.

    Like I said previously, I currently have my CCW and don't plan on going to any state that doesn't allow me to carry concealed, except going to fathers house I need to drive through Maryland (but's its open carry as long as i am transitting). I also plan on getting Wilmington hopefully. I'm a priority 1 in Bahrain and the Station is open for MK1....I can only hope. :-)

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