BOP Rookies and LEOSA

[Crosstimbers Okie]

Originally Posted by KBCraig

US Attorneys do. Judges don't.

Remember that whole "three branches of government" you learned back in 7th grade civics class?

I remember. I remember that the Supreme Court is coequal with the executive and legislature, and that Congress and the President created all other federal judicial districts.

So, I guess district court judges technically don't work for the AG. But, Congress and the President can simply make their districts disappear.

[Iowa #1603]

Originally Posted by Crosstimbers Okie

I remember. I remember that the Supreme Court is coequal with the executive and legislature, and that Congress and the President created all other federal judicial districts.

So, I guess district court judges technically don't work for the AG. But, Congress and the President can simply make their districts disappear.

But remember Federal Judges have a lifetime appointment. Even if their district was to disappear............they would still be a Federal Judge.

[Crosstimbers Okie]

A federal judge without a court.

Interesting fact. When Congress created the US District Court for the Western District of Arkansas at Ft. Smith in 1875, it made no provision for having Judge Isaac Parker's findings reviewed by the Supreme Court, and in cases of homicide his court functioned as a circuit court. So for the first 14 years of the court's functioning there was no appeal from his sentence. He sentenced 160 thugs to hang and 79 of them were actually hanged. His 200 deputy marshals policed 74,000 square miles and 60,000 people on horseback. 65 of them were killed in the line of duty.

[DevilDog22]

I asked during IF when we were able to carry concealed off duty, and I was told that if we were sworn in we were covered. I asked about if we had to go to glynco first and he said no?

[Hack]

Originally Posted by DevilDog22

I asked during IF when we were able to carry concealed off duty, and I was told that if we were sworn in we were covered. I asked about if we had to go to glynco first and he said no?

But, did you qualify on firearms? You have to do that in order to be covered, as the BOP does have a standard for all of its employees who are required to use a firearm in the course of their duties, as applicable to the position they are working, (i.e perimeter patrol, escape posts, etcetera). Take a look at LEOSA and you will see your answer in this regard.

3 LEOSA defines a qualified current law enforcement officer as an
employee 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.

[DevilDog22]

No I have not, I didnt plan to carry until after glynco anyways. But thank you for the clarification.

[DeadManWalking]

I just got back from Glynco a few days ago and been carrying my glock ever since. While in Glynco, we had a BOP lawyer explain LEOSA to us and we did have to complete the firearms training at fletc before we were authorized to carry. Good thing I played it safe for a few months there.

[hortonandgregory]

We are a law firm representing a 20 year BOP officer for Unlawful Carry of a Weapon. He was pulled over by the County SO for reckless driving and they found firearms in his vehicle (which isn't illegal in texas......especially he was on his way to his other job, a gun shop).

If anyone has any good info on LEOSA please let us know. We took the case pro-bono and don't have much time. His trial starts on April 15th.

Thanks!

brian.martin@hortonandgregorylaw.com

[Crosstimbers Okie]

The first post in this thread Federal Bureau of Prisons & LEOSA has attached the official Bureau of Prisons guidance on LEOSA as it applies to BOP staff. It includes the relevant statutes and the US Attorney General Opinion naming BOP staff as being protected by LEOSA.

He should have presented that memo to the magistrate during his examining trial. That would have prevented any finding of Probable Cause if it's as simple as you state. And, unless I'm mistaken, Texas law was recently changed to allow anyone who can legally possess a handgun to carry it loaded and concealed in a vehicle.

Sounds like a case of Official Oppression on the part of locals who don't bother to read the law. Official Oppression is a crime in Texas. Someone needs to present it to the grand jury the next time they meet.

[KBCraig]

The Motorist Protection Act (eff. Sep. 1, 2007) doesn't provide coverage if you're involved in a crime other than a Class C misdemeanor traffic violation. Reckless driving is a Class B.

The LEOSA part should be a slam dunk, though.