Does H.R. 218 apply to me?

J

JDawg1536

Inactive
Do Military Police qualify under the bill? It is so vague its hard to understand, but in this section I meet all the qualifications. Is a CCW from your state needed in addition to this bill? Im guessing not because it gives the right to carry in all states.

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.
 
Maybe, but probably not

JDawg1536

Are you currently active duty military police, or retired? Makes a difference and separate sections of the law apply to each.

The quotation you provide is from the definitions area. You may read the entire text of HB 218 at
http://www.leaa.org/218/218text.html

If the officer is currently employed - - -
Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). . . .

(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.
Click to expand...
Does your ID specify that you are a law enforcement officer, or is it standard armed forces ID? In the latter case, you probably have a copy of the orders assigning you to MP duties.

Section 3 of the law is somewhat similar to the above, but pertains to honorably retired officers, and has some additional and specific requirements.

I won't go into Section 3 unless you write that you're retired.

Best,
Johnny
 
Thanks for the info. I am active duty, and my ID is standard, but my orders specify Military Police. Would I need a CCW, or does this bill make it "null and void" so to speak?
 
Somewhere I have or had the JAG ruling. The answer was no, military MPs are not covered by HR218. There was something in it too about NCOs and officers being authorized to arrest in the military but that did not make them LEOs either and therefore not covered.
Have your JAG check.
 
To my knowledge NCO's and Officers have no special authority to arrest or detain in the military. Maybe it's different for different branches of the service though. MPs are LEOs, and employed by the government. They qualify in every way under the bill, but it is so vague that it is hard to understand. It would make sense that I would not qualify, but there is nothing specific saying that I dont.
 
Given that your career and likely your livelyhood is on the line should you choose to CCW under the provisions of HB 218, I would strongly recommend inquiring with your local JAG office and up your chain of command. Citing the opinions of Internet experts won't likely do you much good if you end up running afoul of the law.
 
If you check under UCMJ you'll see that NCOs and officers can arrest/detain military individuals for violations of UCMJ. Check with your JAG for that and the ruling. It was over a year ago that I saw it.
I spent 26.5 yrs in the military, including 2 yrs Army MP enlisted, 7 yrs USAF SP enlisted, and retired after 4.5 yrs as USAF SF commander.
 
I would check with the JAG. I think the answer is going to be no that since you don't have statutory arrest power. Under the UCMJ an NCO can apprehend and detain, but arrest refers to confinment which an NCO or Junior Enlisted does not have the authority carry out. You may argue that apprehend and detain are the same as arrest and the JAG's answer will be you have no authority outside of the the DOD or on civilians. Civilians must be turned over to Federal Agents or the local authorities therefore you do not have statutory arrest powers and are only considered law enforcement by the DOD.
 
SF hua. We were always told than anyone can apprehend another servicemember if a violation ahs occurred. Thanks for your help guys, I appreciate it.
 
I wonder how this would apply to persons in the Coast Guard who are law enforcement personal. They are still a branch of the military under homeland security.

kenny b
 
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