LEOSA and Coast Guard case

[Crosstimbers Okie]

Originally Posted by TRUOKIE

Timbers, I honestly don't know a lot about this, so I hope I don't sound retarded. I think it states somewhere that if you under disciplinary action you are not allowed to carry....Question: Does having his license suspended even though its by another agency fall in the category of disciplinary action or does it have to be done by the agency you work for......

No, it refers to disciplinary action by the employing agency. Which could be the case here and the reporter just didn't mention it.

[BossMan]

Originally Posted by Thorn

I'm not so sure! He's got a great defense and the US Coast Guard are considered LEO and covered by the LEOSA of 2004. I see him getting creamed on the vehicle issue though. I think this will be a big win for LEOSA rights overall. I'm just glad it's him testing it though.

I think all the LEO community should stand up for him though if things start going bad. If his supporters don't back him up then his shot for winning the case lessens and then we all lose.

Not really. The CG guy I talked to said they had no statutory arrest powers and were only authorized by the agency while on duty. So If he loses, he goes to jail. If he wins, he doesn't go to prison; but loses his job for acting outside the scope of employment (claiming he can carry off duty).

Personally; I think New York should take their nazi gun laws and shove em' up Hillary and Schumer's assess.

[Thorn]

Originally Posted by BossMan

Not really. The CG guy I talked to said they had no statutory arrest powers and were only authorized by the agency while on duty. So If he loses, he goes to jail. If he wins, he doesn't go to prison; but loses his job for acting outside the scope of employment (claiming he can carry off duty).

Personally; I think New York should take their nazi gun laws and shove em' up Hillary and Schumer's assess.

The last time I checked, The USCG was an "ARMED" force of the US military. Why is he being prosecuted in civilian court? Has he been through a Court Martial first? Also, if USCG members are considered LEO then the LEOSA of 2004 should also cover him from this since the USCG is Federal and President Bush signed into law the LEOSA act of 2004 that allows off-duty Federal LEOs to be able to carry concealed weapons in all 50 states without permits. His military USCG ID Card should be considered his permit.

[Crosstimbers Okie]

Originally Posted by BossMan

Not really. The CG guy I talked to said they had no statutory arrest powers and were only authorized by the agency while on duty. So If he loses, he goes to jail. If he wins, he doesn't go to prison; but loses his job for acting outside the scope of employment (claiming he can carry off duty).

Personally; I think New York should take their nazi gun laws and shove em' up Hillary and Schumer's assess.

Arrest authority on or off-duty makes absolutely no difference to LEOSA. The law doesn't differentiate. If it did, we in the BOP and a host of other agencies wouldn't qualify. The Attorney General of the United States says we do qualify.

Based on the information in the article, this guy committed an illegal act while driving with a suspended license. He may have violated Coast Guard regulations by carrying under LEOSA. It is the military and they could prohibit it. But, that's a completely separate issue from LEOSA.

Here are the six conditions LEOSA says makes a qualified LEO under the act.

(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.

[Movementarian]

I though he was screwed on the statutory powers of arrest requirement.

Our authority as BOP personnel comes from Title 18 USC 3050 and specifies the individual employee. The USCG is deemed a LE agency by 14 USC 2 and covers the agency, not the individual. Title 14 USC 89 says that commissioned officers, warrant officers, and petty officers of the USCG can arrest persons in violation of US laws in US territorial waters.

He looks good to go on LEOSA.

[Crosstimbers Okie]

Here's the latest on this case.

Judge tosses gun-possession charge against Coast Guard officer - RecordOnline.com - The Times Herald Record

Judge tosses gun-possession charge against Coast Guard officer
By Oliver Mackson
May 29, 2008 9:37 PM

GOSHEN — A judge on Thursday threw out a felony gun-possession charge against a Coast Guard member from Newburgh, ruling that he’s covered by a federal law that allows cops to carry their weapons in any state.
Newburgh city police arrested Petty Officer Benjamin Booth last year, after finding a loaded semiautomatic handgun in his car. In a five-page decision that was made public late this afternoon, Orange County Court Judge Robert Freehill ruled that Booth is covered by the Law Enforcement Officers Safety Act of 2004. He carries a weapon while on duty, he’s authorized to make arrests and “generally take part in law enforcement duties as part of his duties as a boarding officer with the Coast Guard,” the judge wrote.
And while Booth didn’t identify himself as a Coast Guard officer when he was arrested, he was carrying two Coast Guard IDs that police found in his clothing after he was stopped.
“This is a very good day for Mr. Booth,” said Bill Wolfe, one of the lawyers who defended him. “Now he can get back to living his life and hopefully, resume his duties with the Coast Guard and continue to keep New York Harbor and America safe.”
Orange County prosecutors hadn’t seen the decision last night and couldn’t say if they’d appeal.
Booth is still contesting a federal firearms charge that’s pending in U.S. District Court in Brooklyn.

[LDM]

Originally Posted by Crosstimbers Okie

Here's the latest on this case.

Judge tosses gun-possession charge against Coast Guard officer - RecordOnline.com - The Times Herald Record

That is GREAT news!!! Thanks for the follow-up.

[Fed C.O. 33]

Good to see this one go for us.

[wildcatgolfhack]

This sounds familiar. As a former Union activist, it's hard to represent these guys when they unnecessarily put themselves in these positions. Like the guy said earlier, it sounds promising for the gun charge (other than it being an unregistered firearm). However, he's going to get hammered on the vehicle issue.

[topcat]

I talked to my son who is a E-5 in the Coast Guard. He stated that they are allowed to carry firearms off duty, but only if they have arresting powers. I don't know what this guy did in the CG. CG would perfer you didn't carry off duty and may not back him. Tha weapon may not be his down fall.