Do we need Federal Law to make all Correctional Officers Law Enforcement?

[Custodian]

In North Carolina, The Department of Correction is a Criminal Justice Agency, Not Law Enforcement (N.C.G.S 14-415). It is also the largest agency in the state. It's officers (be they Probation/Parole or Correctional) are "Criminal Justice Officers" who only gain Peace Officer status when doing certain job tasks. However, at other times they are simply Custody Line Officers (read as: private citizens) only covered by acting under DOC policy. To protect themselves from either ex-cons or their families and friends, they must obtain a North Carolina Concealed Handgun Permit. Then and only then the Warden or their unit may still deny their request for "Firearms on State Property". Two of our bordering states when in hot pursuit do not even recognize our agency (South Carolina & Georgia)) while the other two (Tenessee & Virginia) do. The Basic Law Enforcement Training manual for Police Officers, Deputy Sheriff, and State Troopers doesn't even list NCDOC as an LEO agency & is only mentioned specifically for whom can shoot inmates in the back upon escape.

This only but one state and strange myriad of laws that govern this agency. There are many more issues when it comes to this field of work.

Considering the fractured end game of law enforcement, Corrections, is so very different across state lines, is it time to finally put an end to all this and request a Federal Law that would standardize all Corrections across the United States? And if so, what would be the repercussions of such a law? Who would we need to sponsor such a massive standardization act? Who would pay for it all? Would our states try to block the after effects of this federal statute?

Is it finally time to recognize all Correctional Officers nationwide as LEO?

[Pahack1972]

I think other states are like that too. When I was in the Pa DOC, we had to get a permit too

[Bobshouse]

It can never happen unless your state wants it to happen. State Correctional Officers do not fall under Federal Law Guidelines. Federal laws are written to exist with State Laws and the more "restrictive" law wins.

If the Feds state "All Correctional Officers are Law Enforcement" and you state turns around and makes it more restrictive, state law always trumps Federal Law.

[Crosstimbers Okie]

Such a federal law would likely unconstitutionally interfere with the rights of the states to administer their own agencies.

[Custodian]

Originally Posted by Crosstimbers Okie

Such a federal law would likely unconstitutionally interfere with the rights of the states to administer their own agencies.

Ah, you mean like REAL ID, LEOSA (which some police agencies do not like and do not want their officers using even if they fit the criteria) and many other laws?

[KBCraig]

Keep the federal government out of it.

I benefit from LEOSA, but I opposed its passage, just the same as I oppose any kind of federal law mandating national concealed carry reciprocity.

Nothing good ever comes from getting the feds involved.

[Custodian]

Originally Posted by KBCraig

Keep the federal government out of it.

I benefit from LEOSA, but I opposed its passage, just the same as I oppose any kind of federal law mandating national concealed carry reciprocity.

Nothing good ever comes from getting the feds involved.

Opposed LEOSA & national concealed carry? May I inquire why? We do live in the United States, not just a state (or a republic). You can drive from state to state. What about that reciprocity? You mean to say a privilege with a dangerous machine that weighs thousands of pounds is more important than a tool which can save your life and specifically is spelled out in the U.S. Constitution? If that was so, just dissolve the whole union so we can really leave the feds out.

I know politicians make things worse, just wanted to hear your view on it.

[Movementarian]

It has to do with the rights of a State to legislate and regulate themselves.

Originally Posted by Amendment X, US Constitution

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

[Area51]

That would be the 10th Amendment to the US Constitution...

[Kyle313]

You also have to remember that we are not all "states"....I live in a "Commonwealth" and my government here loves to trump federal laws/standards....