LEOSA covers NCDOC and I have proof

[Crosstimbers Okie]

There are some flunkie lawyers in that AG's office. LEOSA says nothing about "General Powers of Arrest." It says, "statutory powers of arrest." If general arrest powers were required, we in the BOP wouldn't qualify.

But we do, according to the Attorney General of the United States. And we have very narrow statutory powers of arrest.

[Kyle313]

I'm going to be blunt and just say......spend the extra money, get the proper paperwork from your state for concealed carry, then you know you are legal and don't have to worry....who gives a crap what some politician put into legislation or whether or not super cop thinks you are "Law Enforcement".....I have a right to bear arms....My "Class A Carry" card says I can carry a hand gun concealed......end of conversation....no questions asked....

As long as I've got my paperwork and carrying within the scope of the law what can they do......I'd rather have the proper paperwork with no questions asked now than try to fight a charge in court against an ambiguously worded piece of legislation......

Not trying to be a bad guy or go against anyone in the forum...but thats how I feel....

[Gilly]

Originally Posted by Kyle313

I'm going to be blunt and just say......spend the extra money, get the proper paperwork from your state for concealed carry, then you know you are legal and don't have to worry....who gives a crap what some politician put into legislation or whether or not super cop thinks you are "Law Enforcement".....I have a right to bear arms....My "Class A Carry" card says I can carry a hand gun concealed......end of conversation....no questions asked....

As long as I've got my paperwork and carrying within the scope of the law what can they do......I'd rather have the proper paperwork with no questions asked now than try to fight a charge in court against an ambiguously worded piece of legislation......

Not trying to be a bad guy or go against anyone in the forum...but thats how I feel....

Totally agree, thats why I asked who I did given all the comments about the what if's. I dont gamble and don't care to be the test case and plan on getting my carry permit. Its hard to accept the "have the right to bear arms", then have to pay the fee of excess of $100.00 to do it, it gets emotional for most.

[sort2000]

Originally Posted by Gilly

Regarding North Carolina "State" Correction Officers...


"I have ask the resident expert in the Attorney Generals Office and his
opinion is that Correctional Officers do not fit under that exception.
The bill is Federal Legislation and the Federal definition of a law
enforcement officer is someone with "General Powers of Arrest" meaning
that they can arrest for any crime without restriction.
I hope this helps with the interpretation of this legislation."

Resident Expert???? I hope they aren't paying for his expertise. This guy is way off. Then it is his "opinion" that Correctional Officers are not covered. So his decision is based on personal feeling not fact. No where in HR 218 does it state "General Powers of Arrest" it states "Statutory Power of Arrest" which is covered once again in NC Statute 148-4.

It is clear cut right there in writing. I don't understand the confusion. If it walks like a duck, talks like a duck and looks like a duck, guess what???? I'm not confused, i'm not going to call it a pot belly pig. I'm going to call it a duck. It's right there in front of my face!!!!! It's a duck!!!! quack quack quack!!!!

I'm not confused and clearly understand the law, it's actually written in very simple terms and very clear. I carry under HR 218. I carry a copy of HR 218 and NC Statute 148-4. Also, I carry my I.D. as required. I'm not telling anybody what to do, I'm just stating what I do. I'm not going to pay the extra money for a CCW permit when I'm already covered by federal and state "law" not someone's opinion. If you are confused, by all means do what you think you need to do to cover yourself. If you want to get a CCW, by all means, do so. It's totally up to you. It's up to you if you want to carry under HR 218 or CCW. But remember HR 218 covers you to carry nationwide versus CCW limits on what states you can carry.

[Custodian]

Originally Posted by sort2000

Resident Expert???? I hope they aren't paying for his expertise. This guy is way off. Then it is his "opinion" that Correctional Officers are not covered. So his decision is based on personal feeling not fact. No where in HR 218 does it state "General Powers of Arrest" it states "Statutory Power of Arrest" which is covered once again in NC Statute 148-4.

It is clear cut right there in writing. I don't understand the confusion. If it walks like a duck, talks like a duck and looks like a duck, guess what???? I'm not confused, i'm not going to call it a pot belly pig. I'm going to call it a duck. It's right there in front of my face!!!!! It's a duck!!!! quack quack quack!!!!

I'm not confused and clearly understand the law, it's actually written in very simple terms and very clear. I carry under HR 218. I carry a copy of HR 218 and NC Statute 148-4. Also, I carry my I.D. as required. I'm not telling anybody what to do, I'm just stating what I do. I'm not going to pay the extra money for a CCW permit when I'm already covered by federal and state "law" not someone's opinion. If you are confused, by all means do what you think you need to do to cover yourself. If you want to get a CCW, by all means, do so. It's totally up to you. It's up to you if you want to carry under HR 218 or CCW. But remember HR 218 covers you to carry nationwide versus CCW limits on what states you can carry.

I only obtained a NCCHP because I don't think its any of the county's business what I bought or what I'm carrying (when it came to purchasing personal firearms), but now I plan to carry under LEOSA when I'm not open carrying. Is there a checklist of items/things to have when carrying under LEOSA? And are there some common places we can't go?

[COSpitfire]

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
-----------------------------------------
oh well, here's the disqualifier for many

[Gaoler]

Originally Posted by Custodian

I only obtained a NCCHP because I don't think its any of the county's business what I bought or what I'm carrying (when it came to purchasing personal firearms), but now I plan to carry under LEOSA when I'm not open carrying. Is there a checklist of items/things to have when carrying under LEOSA? And are there some common places we can't go?

Carrying under LEOSA holds you to the same restrictions as carrying under a CHP. The benefit of LEOSA is that you don't have to get a permit.

As far as places you can't go, it's the same as with a CHP, unless your state has provisions that allow a law enforcement officer to carry in certain areas that someone with just a CHP can't. Do make sure though that you qualify for "law enforcement" at the state/county/local level for those exemptions. Just because you qualify for LEOSA does not mean you automatically are a LEO in the eyes of all agencies.

The one thing to carry with you when carrying under LEOSA is your department ID. If you happen to be in an area where your status as a LEO may be questionable (i.e. technically you meet all federal requirements of LEOSA, but you agency does not consider you LEO or the local cops don't consider you LEO, etc) then it might be beneficial to keep a copy of LEOSA with you along with the relevant statutes that grant you the powers that you need to qualify for LEOSA (i.e. the statute that gives you arrest powers, etc).

Whew. Yeah, that's pretty much it as far as I can tell.

[sort2000]

I carry a copy of HR218 (LEOSA) and NC Statute 148-4 and my Dept. I.D.

[B4uGO]

I have posted on O.com the response from NC House of Representatives Republican Chair Skip Stamm his office did indepth research on this issue for me and the response follows:


I spoke with Susan Sitze again. Last time I spoke with her she had forgotten that the Legislature passed G.S. 14-415.25 in 2007. That section does apply to currently sworn correctional officers and qualified retired officers. Hopefully that answers the rest of your question.

I have forwarded your other question and concerns to Rep. Stam.

Christin Danchi
Legislative Assistant
Office of Representative Paul Stam
House Republican Leader
613 Legislative Office Building
(919) 733-2962
stamla@ncleg.net

This answer was sent to me on 19 MAY 08

In a response on 02 May 08 his office's researcher sent me the following:

Here is the information Rep. Stam asked me to forward to you. Please let me know if you have anymore questions.

Christin Danchi
Legislative Assistant
Office of Representative Paul Stam
House Republican Leader
613 Legislative Office Building
(919) 733-2962
stamla@ncleg.net

______________________________________________
From: Christin Danchi (Rep. Stam)
Sent: Wednesday, April 30, 2008 11:23 AM
To: 'paulstam@bellsouth.net'
Subject: Sworn Correctional Officers

Rep. Stam,

I talked to Susan Sitze in Research. Currenty sworn correctional officers are under the regulations of sworn law enforcement officers, as you mentioned. These regulations say that a qualified, sworn law enforcement officer must be employed by a state agency, be authorized by their agency to carry a concealed gun and have met the agency's requirements to carry a concealed gun. If those qualifications are met, they can carry a concealed gun while on duty and within the domain of their agency. When off duty or outside the domain of their agency, all sworn law enforcement officers are required to have a permit to carry a concealed weapon. They don't have to take the classes like regular citizens, but they must fill out the forms and pay the fee for the permit. Sworn correctional officers should be allowed to carry concealed weapons under these regulations.

I've attached the General Statute that lists the qualifications of a sworn law enforcement officer. Let me know if this does not answer your question.

<<GS_14-415_10.mht>>

Christin Danchi
Legislative Assistant
Office of Representative Paul Stam
House Republican Leader
613 Legislative Office Building
(919) 733-2962
stamla@ncleg.net

The second email was sent to clarify the first. I posted them in opposite order because the paymet requirement was also over ridden by LEOSA.

[KBCraig]

Rep. Stam apparently doesn't realize that he has an idiot employed, in the form of Ms. Danchi.