Concealed Carry

[Hack]

Originally Posted by sort2000

The same carry limitations if you had a CCW permit.

Not entirely correct. LEOSA defines where you may carry or not. Some State laws may make it more strict, (I don't know about NC), in which case LEOSA preempts State laws. The main things about LEOSA is don't carry on private property if prohibited, don't carry on state or federal property where it said to be prohibited by signage being posted to that effect, and don't carry while drinking alcoholic beverages. I would recommend carrying a form of legal coverage as well, to protect yourself.

Also, be aware that not all LE agencies are fully aware of LEOSA and what it allows, and that very little has been done in courts concerning the law. The court cases to come will also have an effect on LEOSA.

[BhindtheWall]

you mean to tell me that Correctional Officers in NC don't need to get a concealment permit to carry concealed? I never was told this? I have capt that teaches the course and she never said anything to me when I questioned her? or am I reading this post wrong I am tired

[AfterFire]

Im re-certing this week and I was meaning to ask the Firearms Instructor's what their take on it was. Ill ask tomorrow.

[BhindtheWall]

I don't belive this is true I belive I read it has to be lawenforcement with arrest power which we do not have. I have asked several people and they all say this is not true. I woudl love this to be true but I do not belive it is.

[AfterFire]

I asked one of the instructors who is also a BLET instructor and he said no as it applies to people who are specifically issued a weapon.

[sort2000]

Here we go again "New Jacks"

Here is how LEOSA 2004 reads:

`(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.

NCDOC meets everyone of these requirements

Here is the NC Statute 148-4 that covers us under LEOSA 2004.

§ 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. The governing authorities of the State prison system are authorized to determine by rules and regulations the manner of designating these agents and placing prisoners under their supervision and control, which rules and regulations shall be established in the same manner as other rules and regulations for the government of the State prison system.

Under federal law LEOSA 2004 we meet the definition of "law enforcement officer".

We have the statutory power of arrest according to NC Statute 148-4 when dealing with escaped inmates. LEOSA 2004 does not specify how little or how much statutory power of arrest you must have. It just says statutory power of arrest.

LEOSA 2004 says nothing about having to be specifically issued a gun. It just states that you are authorized by the agency to carry a firearm. Can you be authorized by the agency to carry a firearm and not be specifically issued a firearm? Yes. There are few that are actually issued a duty firearm in NCDOC.

[BhindtheWall]

New Jack huh.... Not sure about you but I have 13 years. I doubt that I am a new jack. if you are right awsome I would be happy but so far I have not had anyone confirm this. Even when I have gone to the saftey Center they told me I still had to take the class. I have emailed the Seriff of the county that I live and asked him. I have not gotten a response yet and may not.

I would hope this is true it would safe me a lot of time and some money.

[AfterFire]

Originally Posted by AfterFire

I asked one of the instructors who is also a BLET instructor and he said no as it applies to people who are specifically issued a weapon.

I didnt know how much weight to put in his answer since he is only an instructor and may not be abreast of any minute legalities or updated LEOSA law convolutions.

[sort2000]

Originally Posted by BhindtheWall

New Jack huh.... Not sure about you but I have 13 years. I doubt that I am a new jack. if you are right awsome I would be happy but so far I have not had anyone confirm this. Even when I have gone to the saftey Center they told me I still had to take the class. I have emailed the Seriff of the county that I live and asked him. I have not gotten a response yet and may not.

I would hope this is true it would safe me a lot of time and some money.

I know who you are "New Jack"!!!!

[Gaoler]

Originally Posted by BhindtheWall

New Jack huh.... Not sure about you but I have 13 years. I doubt that I am a new jack. if you are right awsome I would be happy but so far I have not had anyone confirm this. Even when I have gone to the saftey Center they told me I still had to take the class. I have emailed the Seriff of the county that I live and asked him. I have not gotten a response yet and may not.

I would hope this is true it would safe me a lot of time and some money.

NC isn't my department, but in regards to some administrative area knowing the answer, all I have to say is look at the BOP. They flat out said that their officers were not covered until they were told by the AG that yes we were.

From looking at the relevant statutes, it looks like you are covered. You have powers of arrest and you are authorized to carry a firearm at some point in your duties.