LEOSA covers NCDOC and I have proof

[Custodian]

This is a repost from me after doing some digging/research into North Carolina General Statutes and other forums on the subject. And with that said, Ha, and double Ha.

Federal Bill HR218 "Law Enforcement Officer Safety Act of 2004"

H.R. 218 Final Text [the actual text of the bill signed into law]

This law applies to persons who meet the definition listed below of a "Qualified Law Enforcement Officer."

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.
What kind of "Identification" is Necessary Under HR 218?

(d) The identification required by this subsection is the photographic identification [emphasis added] issued by the governmental agency for which the individual is employed as a law enforcement officer.


Next info is from... North Carolina General Assembly - Home Page
North Carolina General Statute 17

17C‑2. Definitions. Unless the context clearly otherwise requires, the following definitions apply in this Chapter:
(1) Commission. – The North Carolina Criminal Justice Education and Training Standards Commission.
(2) Criminal justice agencies. – The State and local law‑enforcement agencies, the State correctional agencies, other correctional agencies maintained by local governments, and the juvenile justice agencies, but shall not include deputy sheriffs, special deputy sheriffs, sheriffs' jailers, or other sheriffs' department personnel governed by the provisions of Chapter 17E of these General Statutes.
(3) Criminal justice officers. – The administrative and subordinate personnel of all the departments, agencies, units or entities comprising the criminal justice agencies who are sworn law‑enforcement officers, both State and local, with the power of arrest; State correctional officers; State probation/parole officers; State probation/parole officers‑surveillance; officers, supervisory and administrative personnel of local confinement facilities; State juvenile justice officers; chief court counselors; and juvenile court counselors.

This is an excerpt from NC General Statute 148-4

§ 148‑4. Control and custody of prisoners; authorizing prisoner to leave place of confinement.
The Secretary of Correction shall have control and custody of all prisoners serving sentence in the State prison system, and such prisoners shall be subject to all the rules and regulations legally adopted for the government thereof. Any sentence to imprisonment in any unit of the State prison system, or to jail to be assigned to work under the State Department of Correction, shall be construed as a commitment, for such terms of imprisonment as the court may direct, to the custody of the Secretary of Correction or his authorized representative, who shall designate the places of confinement within the State prison system where the sentences of all such persons shall be served. The authorized agents of the Secretary shall have all the authority of peace officers for the purpose of transferring prisoners from place to place in the State as their duties might require and for apprehending, arresting, and returning to prison escaped prisoners, and may be commissioned by the Governor, either generally or specially, as special officers for returning escaped prisoners or other fugitives from justice from outside the State, when such persons have been extradited or voluntarily surrendered. Employees of departments, institutions, agencies, and political subdivisions of the State hiring prisoners to perform work outside prison confines may be designated as the authorized agents of the Secretary of Correction for the purpose of maintaining control and custody of prisoners who may be placed under the supervision and control of such employees, including guarding and transferring such prisoners from place to place in the State as their duties might require, and apprehending and arresting escaped prisoners and returning them to prison.

So now, let's recap.

North Carolina Statutes 17A-1 through 17A-9 now recodified as 17C-1 through 17C-12 defines "criminal justice officers" as law enforcement officers. North Carolina State Correction Officers are North Carolina Law Enforcement, Special Peace Officers, but are not police officers. We have one power of arrest as defined in 148-4 the arrest of an escaped inmate, which is a limited scope of arrest, but LEOSA doesn't say how broad or limited these statutory arrest powers must be to be covered, but must be derivied by statute to be "qualified active law enforcement officer".

In fact, when HR 218 was lobbied by Lt. Steve Young the former National President of the Fraternal Order of Police, one of the examples he cited as an example of the need for this bill was this:

Correctional Officer Leslie John Besci, a sixteen year veteran with the North Carolina Department of Correction who was beaten to death with a baseball bat in an unprovoked attack. The officer had just returned from work when he was attacked by two former inmates of the prison where he worked.

http://judiciary.senate.gov/testimony.cfm?id=326&wit_id=755 (Where this text was found)

And the FOP has stated numerous times that LEOSA covers NCDOC. And Federal Law preempts Local and State laws.

Never Back Down, No Retreat, No Surrender. The Truth Shall Be Known.

[Kebemt]

Hey can you post that on Officer.com too there are a few guys on there that would love to know that BOWELS for sure... anyone who has spent more the 10 sec on O.COm knows him

[Correctionsguy]

Not quite. The definition of criminal justice officer includes those designated as law enforcement officers, but that doesn't mean state co's are defined as law enforcement officers. State co's are still criminal justice officers who have been lumped into a bigger umbrella of officers which happen to also include all of the sworn personnel in the state as well. Read the following sentence:

The administrative and subordinate personnel of all the departments, agencies, units or entities comprising the criminal justice agencies who are sworn law‑enforcement officers, both State and local, with the power of arrest;


It shows that a distinction is being made between "sworn law enforcement officers" and those listed after the semi-colon. This appears to mean there should be a definition somewhere in statute that defines SWORN LAW ENFORCEMENT OFFICERS. If there isn't than the writers of the law were idiots. Bottom line, this wording and the placement of the punctuation etc. leaves for ambiguous conjecture and assumptions.

Having said that, it is unnecessary for you to be defined as a law enforcement officer under LEOSA. You simply need to supervise the incarceration of persons who have violated the law, which you do. Next you need to have statutory powers of arrest, which you do. Next you need to be authorized by your agency to carry firearms, which you are. The rest of the requirements almost all co's also meet, so a compelling argument can be made that you are covered by LEOSA.

Being defined as peace officers or police officers or criminal justice officers is irrelevant in the eyes of LEOSA, it only matters to CO haters and other LEO's that look down on CO's. You appear to be covered anyways, why focus on the definitions.

[KBCraig]

Correctionsguy nailed the three critical elements: supervision of incarcerated persons; statutory power of arrest (no matter how limited); and, authorized by the agency to carry firearms (no matter how restricted).

Anyone working corrections who meets those three elements is covered under LEOSA.

[Custodian]

If possible delete this post.

[Custodian]

I would Kebemt. but Officer.com never accepted me as a forum poster. I registered about 5 months ago, and never got a confirmation email. Go figure

Quote from Correctionsguy: Not quite. The definition of criminal justice officer includes those designated as law enforcement officers, but that doesn't mean state co's are defined as law enforcement officers. State co's are still criminal justice officers who have been lumped into a bigger umbrella of officers which happen to also include all of the sworn personnel in the state as well.

Answer: The top of paycheck stub says in big, black, bold letters, "Law Enforcement 7k Employees". Maybe North Carolina is different. I'm told in Virginia, C/Os are not law enforcement by statute.

[KBCraig]

Pay scales, job titles, and retirement systems have no bearing on LEOSA coverage.

[Movementarian]

Originally Posted by KBCraig

Pay scales, job titles, and retirement systems have no bearing on LEOSA coverage.

That seems to be a huge point of confusion for some people. LEOSA sets forth criteria in order to carry a concealed weapon off-duty within the US and it's territories. If you meet those criteria, you are covered. None of the criteria specify certain agencies or job titles, nor does it say that you agency must authorise you carry.

[Crosstimbers Okie]

Exactly right. Don't get wrapped up in titles or what Joe Blow down at the sheriff's department's uninformed opinion is. Go to the law itself to find out what the law says.

[Gilly]

Regarding North Carolina "State" Correction Officers...

I spoke to my local represenitive who was the former Sheriff of my area and maintains a very pro active Law Enforcement "and" Corrections stance on his seat down in Raleigh plus sits on the commisions board for criminal justice training and standards. I asked him about LEOSA and our standings here. He told me he had a good contact down in the AG office and would get back to me. I gave him info I gathered here and elsewhere to see what gives. Here is the response.

"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."

Trust me, I pulled out all the punches just short of asking for an amendment but it doesnt seem like they will give down there.

The former chief of security for the department was about 95% there having us qualified under this, however, he got caught screwing his secretary in his office and well...isnt around anymore to complete the task

Wish I had better news..