|
3/3/2009 7:43 PM
|
#1
|
|
Join Date: May 2007
Posts: 380
|
RE: Question regarding type of weapon being carried.
Other than a couple of cases that made the national news, I have not heard of anyone being hassled for the LEOSA carrying yet. I have heard a few complaints about getting qualified from officers that are out of the state they retired from, but that is it.
Of course, on the local side, Texas has an even stronger law for retired officers than LEOSA. It doesn't recognize quite as many of the federal officers (only the special investigators it names, missing BOP and some others), but it does recognize any peace officer from state or municipal level. With this and the fact that our legislature is slowly and quietly expanding the right to carry in general (car carry now, campus carry probable this year, parking lot carry probable also), we see a lot less hassle about guns in general.
|
|
3/4/2009 5:27 PM
|
#2
|
|
Join Date: May 2007
Posts: 24
|
Type of weapon
I qualify with the auto and revolver each time.
I do alternate weapons with each qualification, and only carry weapons I carried and qualified with OTJ. For our NJ retiree cards, we have to meet state standards for active LEOs two times per year, so that allows me to qualify with four different weapons.
|
|
3/5/2009 10:28 AM
|
#3
|
|
Join Date: May 2007
Posts: 19
|
Carry Gun under LEOSA
JMO, You should carry what you qualify with. For myself I even have my former dept. put the serial numbers of my guns that I've qualified with on the letter of certification. Just to try and avoid any problems that might arise.
|
|
3/18/2009 7:37 AM
|
#4
|
|
Join Date: Mar 2009
Posts: 1
|
RE: Question regarding type of weapon being carried.
If you are talking about simply being checked it should not matter, where the problem would come in if you were in a situation where you used your weapon and ended up in court, I would bet the opposing attorney would surly bring up that you use a weapon with which you had not qualified.
|
|
3/18/2009 9:46 PM
|
#5
|
|
Join Date: May 2007
Posts: 215
|
RE: Question regarding type of weapon being carried.
Denied is right. Last time I was sued the opposing attorney tried to trip me up by asking all sort of questions about my firearm. Much to his chagrin I knew the answers. Including when he asked, Perry Mason like, what the trigger pull of my firearm was. "11.5 lbs of pressure per square inch sir, which is factory spec. for this firearm." Everything you do, and everything you carry, should be predicated by one question. "If I am sued, what will I say in court?" If you can justify in your own mind what you'll say to that imaginary jury then you're good to go. If you don't have a decent answer though...well, fix things until you do.
|
|
3/23/2009 6:58 PM
|
#6
|
|
Join Date: May 2007
Posts: 16
|
Type of weapon
IL's statute, and quite a few other states, specifically define the type of firearm as being either revolver or auto. A lot of states make no distinction. IL's statute was very carefully researched before being passed by contacting those in Congress who forumlated LEOSA and discussing the legislative intent. Their intent was not to define "type of firearm" as a specific make, model, serial number but either revolver or auto. They realized that many agencies don't issue a firearm and that even those who do will change makes and models at a whim. They also realized the burden it would place on retirees and agencies if every time a retiree traded or bought a new firearm they would have to requalify which could amount to several times a year. They did not see a need for such restrictions.
|
|
3/24/2009 9:03 PM
|
#7
|
|
Join Date: Jul 2007
Posts: 11
|
Texas qualifcations for retirees
Steve, When you say "missing BOP"..are you saying Texas will not allow Federal Bureau of Prisons retirees to qualify?
|
|
3/25/2009 7:34 PM
|
#8
|
|
Join Date: May 2007
Posts: 380
|
RE: Question regarding type of weapon being carried.
That is the way I read the law. They are not listed in the Code of Criminal Procedure as one of the special federal investigators and the section on unlawfully carrying uses the same term. In section 46.15, it says the state laws on unlawfully carrying do not apply to:
"(5) an honorably retired peace officer or federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that:
(A) verifies that the officer honorably retired after not less than 15 years of service as a commissioned officer; and
(B) is issued by a state or local law enforcement agency;"
The state will still recognize the federal law, but this one is the same law for active officers. It gives us a few more places we can carry.
The bright side is the law on qualifying specifies any officer who meets LEOSA requirements. Any local agency can qualify retired officers, and any state agency can qualify anyone who meets LEOSA. As a firearms instructor for a state agency, if anyone needs to qualify in Texas, let me know.
|
|
10/23/2009 3:29 PM
|
#9
|
|
Join Date: Oct 2007
Posts: 10
|
Re: Question regarding type of weapon being carried.
Steve--
"The bright side is the law on qualifying specifies any officer who meets LEOSA requirements. Any local agency can qualify retired officers, and any state agency can qualify anyone who meets LEOSA. As a firearms instructor for a state agency, if anyone needs to qualify in Texas, let me know."
Interesting--when I retired LEOSA did not exist. I meet the requirements but my last city doesn't want to cooperate. I got a CCW permit and started trying to find a work around. The State Bureau of Investigation had to run a background check on me for the CCW (which does require the firing of a single shot) so I asked them if I could qualify with their agents. Liability concerns prevented that. So I do everything (practice) on my own and carry the CCW. (Noticed a blurb on the news today--10-23-09--that Amtrack didn't want to allow firearms in barrage--haven't tried it but can't you do that on a plane?) Where are these guys coming from.
Ever had to go back to a really old PD in a small town to get documentation as a cop? I went back to a little town in NE and they don't have storage room so my records were shredded long age! Maybe I need to move to Texas (in CO).
Wasn't there a post about a proposed change in LEOSA? Thor
|
|
10/23/2009 6:50 PM
|
#10
|
|
Join Date: May 2007
Posts: 380
|
Re: Question regarding type of weapon being carried.
There was just a news article about some proposed updates in LEOSA. They will broaden the definition of who is covered and lower the time to ten years. One of the interesting changes in the Senate bill is to use the term separation instead of retirement. Every ex-cop with ten years service would be covered under LEOSA.
The bad part is that it still requires an ID from your department. Texas law now requires the last department to issue the ID but defines it as being eligible for a pension. We are better off than many states on the implementation, but there are some ways to go.
|