What do cops think of correctional officers carrying with no ccw permit?

T

TheBigCaliber

New member
I am a correctional officer in the great state of Georgia. I have a permit to carry, but some officers who I work with do not. I have never been asked to show my permit, but if I were to be asked I would probably just show my work ID card. As peace officers we do not have to have a ccw to carry a firearm. Some police officers I know did not know that we as correctional officers were exempt under the same law as police officers. Law HR 218 law enforcement safety act. I was wondering about LEO's opion on this and who ever else that would like to reply.
 
a friend of mine was a correctional officer in california and CC'd. he told me of an incident when a man picked a fight with him at a gas station then pulled a knife. he responded by drawing his weapon and holding the man untill police arrived. after the suspect was taken away he said the cops were giving him a bad time (despite being legal to carry) and accused him of "wanting to be a cowboy"
 
A state correctional officer in the State of Alabama is just that. A correctional officer. They do not have arrest powers. The way I understand the Code of Alabama he would need CCW permit. That being said, if I had a DOC officer stopped on a traffic stop and he had his DOC ID I wouldn't have a problem with no CCW.

If I was with DOC I'd get a permitt. It's just belt and suppenders logic.
 
Well HR 218 law enforcement safety act is a federal law and federal laws overide state laws. Some LEO's don't like correctional officers and think that C.O's who carry are trying to be cops. They don't understand how dangerous our jobs are. There are over 1500 inmates at the prison where I work, and they are very violent inmates and not all of them are in forever. I get threats on my life all the time. I see exconvicts in the streets and stores, some I remember some I don't. Inmates transfer so much that its hard to keep track. When I carry I carry to protect my life and the lives of my family. Inmates see me enough not to forget me if he and when he get released. I don't know what inmates intentions are when they get out. Most crimenals tend to get an S on their chest when they are with their fellow gang members are homeboys. I spend alot of time with my family. And I carry to protect them and myself, not to be a cowboy. Police departments are hiring all the time, if I wanted to be a cop there is nothing stoping me.
 
I am a cop and I have absolutely no issue with CO's carrying a weapon. The more good guys with guns the better. In NJ CO's have power of arrest, and there is no "peace officer" category/status in NJ. Either you’re a LEO or your not. In NJ there is no law that exists to charge a LEO with carrying his own weapon. Unless of couse, it is during the commission of a crime. (That’s a different bag of nuts) My recommendation to any CO is to do your research, and check your local state laws.
 
FWIW, HR 218 does not give anyone authority to carry concealed if they did not have that ability under some other law. In other words, if you are a CO in a state that does not give COs carry authority, you cannot carry under HR 218.
 
David Armstrong

How I read HR218 is that as long as your qualification is up to date you are covered by that law. If I am wrong explain please.
 
BikerRN, AZ DOC is not covered under HR218, to the best of my knowledge. I have some staff who claim the union says they are, but the Dept says no, and we know who can dump you in court. We are NOT street cops, and do not have POST certification. We can be POST certified if we want to, through DOC, but not as a routine item. State law gives us the same statuatory carry authority as any other sworn LE in AZ, but we do not have general arrest powers, and are strictly enjoined from attempting to "assist" and street LE in the performance of thier duties, unless requested to do so by those self same officers.

There have been rumors for the 6 years I have been here about POST certifying the Department, but that's almost 10,000 officers, and an expensive/time consuming undertaking in an era of shrinking budgets.

I have never had an issue with any street cop over my sidearm. I carry openly to and from work, and concealed off duty. I caution all of my staff to be careful, and not trying to "play cop" outside the walls - our badge is for inside.

I urge all COs and DOs to check with thier senior admin about thier applicability under HR218, to see if you are covered, AND your Dept will back you. It would be bad if you had to use your sidearm on vacation without a local CCW permit in another state, and your Dept says you ain't legal!
 
we do not have general arrest powers,
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HR 218 only says you have to have "statutory powers of arrest." It says nothing about "general powers of arrest," whatever that is. Federal laws says "power of arrest, it doesn't say how broad the scope of arrest power has to be.

If you have the ability to arrest someone, even if it's only on prison property, it's still "powers of arrest. LEOSA was designed to allow off duty LEO's, which some Correctional Officers are, to be able to carry a weapon in all fifty states for self protection, not to fight crime and play "Cop" in other juristictions.

It's real simple, LEOSA is a Nationwide CCW and the only places off limits are government property and private places that specify that they don't want armed people on thier premises. The governing body cannot say, it's illegal to carry in a private place that serves alcohol or whatever, only the property owner can.

Biker
 
H.R 218 Law Enforcement Safety Act

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`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).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(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.

`(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.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

`926B. Carrying of concealed firearms by qualified law enforcement officers.'.
 
Around six years ago the state of Tennessee added Correctional Officers to the same state law that previously only applied to LEO's. A vested (five years service) CO can legally carry concealed just as LEO's, although in Tennessee CO's carry no arrest powers.
 
Great - if you have arrest powers, then voila! You qualify. AZ DOC does NOT have arrest powers. We can restrain and detain, but if an inmate needs to be re-arrested on prison property, to be charged with street crimes, CIU handles that, as they are POST certified peace officers. If you are with AZ DOC, and wish to obtain these powers, then you may apply to become POST certified, or attend the classes on your own time/dime. The big thing is if you are traveling under this title, and use your sidearm, AND your Department says, "Nah, he doesn't qualify under our law/policy.", you are done in court. Have a nice day. You backup went bye bye.
Get total clarification from your admin IN WRITING with quote/referance to relevant policy BEFORE doing anything like this. Going off "half-cocked" as it were, can land you on the other side of the wire.

Inside the borders of AZ, we have all the carry authority of any LE, outside, we are Joe Sixpack. Which doesn't bother me at all.
 
ArmoredMan, I do not work for ADOC. I was just going by information I had and it may have been wrong. I do know a few people that have worked for them though.

Stay safe and watch your six.
 
a friend of mine was a correctional officer in california and CC'd. he told me of an incident when a man picked a fight with him at a gas station then pulled a knife. he responded by drawing his weapon and holding the man untill police arrived. after the suspect was taken away he said the cops were giving him a bad time (despite being legal to carry) and accused him of "wanting to be a cowboy"
Click to expand...

This is indicative of the "new breed" of cop we're generating and why American public trust in LE is steadily heading to an all-time low. The older cops realize and know that they can't be there 100% of the time and that their best crime-fighting weapon is an honest, non-apathetic citizen.

As an ex-federal LEO, I have zero problems with anyone who spends eight hours a day or more in close contact with the scum of our society being able to carry a weapon. Zero problems.

Whiny-ass judges who only see a criminal for maybe a few hours beg for carry permits because they fear retribution from the criminal or his family. Correctional officers are around these scumbags all day long.

I see no reason why "powers of arrest" should have any bearing on anyone working in law enforcement when it comes to their being able to be armed.

Jeff
 
Prison Guards

Not a guard but did go through all the hoops to be offered employment in Colo.,
I had an epiphany of sorts the night before my first day at work and decided I was not going to go willingly to jail everyday.
I must have been temporarily insane to consider the job, imagine if you will a work environment where flying human waste is the norm along with the politics of vip prisoners, drugs, violence, etc.

NOPE!
 
BIGCALIBER... Hi, Ex-guard here; I could be wrong, but as I read that law you posted, you must be carrying in "Official Capacity"; trained with an up to date qualification/certification record, acting in a legal manner as a CO, enforcing the laws of the institution, on Prison grounds or on an escape, and only with a Dept. issued and approved weapon. This would NOT cover off duty carry, or the use of personel weapons. I suspect your co-workers are in a legal gray area (wishful thinking on their part), and could end up in big trouble if they use and or even just carry that gun without a CC permit. How the Union and your fellow CO's read that law, and the local District Attorney (or a State Trooper at 3:00AM) reads it, could be different. You are a law enforcement officer ONLY as far as being a CO goes. Once off duty, you are just an ordinary person, no more, no less. You guys are not Police, are not trained as such, and are therefore NOT covered by the law in the same way. I saw quite a few co-worker's with huge ego's (cop wanna-be's) break the law and end up in Court over the many years I spent working as a State CO. Not a good career move if you want to move up and or even stay employed. CO's (at least in Maine and most other States I know of) have the power of Arrest ONLY pertaining to acting in Official Capacity, on Prison Property or during an escape (arresting the abscondng Felon or person in official custody). The power of Arrest would not apply in public or on Prison grounds to non-adjudicated persons. A Prison Investigator from Internal Affairs would be covered the same as a Police Officer with much broader powers of arrest. They also have much more extensive training, certification and education pertaining to the law. You should check with your local DA's office and get the answer in print.
 
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