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Concealed Carry

This is a discussion on Concealed Carry within the North Carolina forums, part of the United States category; This is the North Carolina state counterpart to LEOSA, passed 2005. I wonder does it apply to NCDOC officers? SL2005-0337...


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Old 07-18-2008, 10:29 AM   #1
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Concealed Carry

This is the North Carolina state counterpart to LEOSA, passed 2005. I wonder does it apply to NCDOC officers?

SL2005-0337
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Old 07-19-2008, 12:38 AM   #2
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Re: Concealed Carry

This is actually the North Carolina state counterpart to LEOSA that was passed in 2007. It applies to NCDOC.

GS_14-415.25
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Old 07-19-2008, 07:26 AM   #3
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Re: Concealed Carry

So basically it says we don't need to have a concealed carry permit to carry.
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Old 07-19-2008, 10:27 AM   #4
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Re: Concealed Carry

§ 14-415.25. Exemption from permit requirement. Law enforcement officers and qualified retired law enforcement officers authorized by federal law to carry a concealed handgun pursuant to section 926B or 926C of Title 18 of the United States Code, who are in compliance with the requirements of those sections, are exempt from obtaining the permit described in G.S. 14-415.11. (2007-427,s. 3.)

This covers Correctional Officers. According to federal law LEOSA 2004, by definition we are considered "law enforcement officers" because the NC Statute 148-4 meets the criteria for LEOSA. This is defined by federal law. 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


Exemption from permit requirement. Law enforcement officers and qualified retired law enforcement officers authorized by federal law

Since we are considered "law enforcement officers" by federal statute, we are "authorized by federal law". G.S. 14-415.25 does not specifically say Correctional Officers because we are lumped under the definition of "law enforcement officers." We are also covered under G.S. 14-415.25.
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Old 07-19-2008, 05:49 PM   #5
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Re: Concealed Carry

Interesting. Do you need a badge or ID of some kind to identify that you are in "law enforcment"?? I already have a NC CCW permit, but it still is nice to know that fellow officers would be allowed to carry.
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Old 07-19-2008, 06:13 PM   #6
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Re: Concealed Carry

As it reads to me (and Sort2000 will hopefully correct me), you need to be certified first before you qualify.
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Old 07-19-2008, 07:02 PM   #7
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Re: Concealed Carry

Quote:
Originally Posted by Custodian View Post
As it reads to me (and Sort2000 will hopefully correct me), you need to be certified first before you qualify.
Yes, you must be certified first.
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Old 07-19-2008, 07:04 PM   #8
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Re: Concealed Carry

Quote:
Originally Posted by Gooseneck View Post
Interesting. Do you need a badge or ID of some kind to identify that you are in "law enforcment"?? I already have a NC CCW permit, but it still is nice to know that fellow officers would be allowed to carry.
Your dept. issue ID is sufficient.
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Old 07-22-2008, 08:32 PM   #9
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Re: Concealed Carry

Any limitations to where we can carry under this law?
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Old 07-22-2008, 10:01 PM   #10
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Re: Concealed Carry

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Originally Posted by Custodian View Post
Any limitations to where we can carry under this law?

The same carry limitations if you had a CCW permit.
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