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Having heard some horror storries about how some out of state officers have been treated by other offices, I think ti would be good to discuss if your agency has a policy regarding HR 218, which amended Title 18 of the US code to allow currant and retired LEO to carry a firearm just about anywhere in the US.

We don't have a policy (informally relaxed on weapons unless you're a banger, scrote, or head).... But I see what you mean SMW4747 regarding treatment by other officers, makes me nervous leaving my city. I'd like to say most of my department would be more than courteous to any OJ officer...

NYPDLT, I agree that it should not be up to a department to question HR 218, but you know what hard asses some locals can be. I think it is best for each agency to have a written procedure that states, one the LEO is IDed, he is FREE TO GO!

Look at the wording in the law. From what I remember as long as its not a place that expressly forbids it (such as federal, state, or local buildingscy that will give you a hard time. And I imagine its agiven that any cop you will pull over will be carrying.

Here is an excerpt from the legislation whoch covers this:
`(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.

This taken from LEAA.org http://leaa.org/218/218text.html

nlcrsn, you aska good but tough question. For me personally, i would view any order that directly violates the US Constitution or a persons civil rights as an Unlawful order. Even in the military, i was trained that you obey and follow all "Lawful Command's". I would not follow that order and my response to my superiors when asked why would be, "If your gonna write me up, make sure that the pen has plenty of ink in it and if at all possible, can my suspension be in conjunction with my normal weekend so that i will have extra time off".

Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause:
“ This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. ”
The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land." The Constitution is the highest form of law in the American legal system. State judges are required to uphold it, even if state laws or constitutions conflict with the clause.

I am new to this forum. I am retired Federal INS, and I had carried a weapon for 33 years and now feel as though I can not be trusted. I was grateful to see HR-218 pass. I agree with other officers in this forum, that some officers do not care who you are, they will arrest their own mother. I have written in another police forum and noticed that other officers and myself cannot carry under HR-218, because one of the qualifications in the law is to qualify every year. Well, like other officers in other states have found, no one wants to accept the liability to qualify you. I would take the chance with just my ID, but afraid. I travel to Boston from Carolina and would feel safer with my weapon. I know, if I get stopped, I would inform the officer of a weapon on board. Without a qualification card, I couldn't handle an arrest.
Any ideas would be welcomed.

http://www.givethemback.com/#

Which LEO was upholding the constitution here? How does any LEO justify themselves openly ignoring the constitution? Including the Military involved, all should be charged arrested and penalized for this disgrace.

I don't know about you guys, but I wouldn't arrest one of our own. If you carried a gun for 33 years, and I am sure you qualified with it many times in that 33 years, then I wouldnt bother. ID is good for me. I hear Kansas and Missouri are the two states to worry about for some reason.

Im not a LEO and as soon as I get my Concealed Carry Liscense...(its gonna take about 5-8 weeks :(...)I will be able to carry in 31 states. Its not a bad idea for current, and retired LEO's to obtain such liscences. This way if you ever have to show ID in another state, you always have this as a back up, along with your Department ID. This is where I'm getting mine from....http://licgweb.doacs.state.fl.us/weapons/index.html

But, I dont see why an officer would hassle a retired, or current officer about having there firearm. As long as your acting in a professional manner. :)

I heard that NJ is one of the states to watchout for. I also heard that if you are caught with HP rounds it is a min. of $1000.00/round. I work on a US DHS Contract in PA and have to qualify yearly, but we are told that our cert/qualification certificate is not going to help if I miss the last PA exit and accidently cross into NJ. But I can take that cert and go to anyother state and work for that state if approved.
We are taught/told that as long as US Title 41, governing Federal Property Rules, not even a local LEO should enter a government building armed unless they are summonded to assit us or a doing an offical investigation. In one of the offices that I work in the local officer assigned to that districts wife works. I explained to him, that as lond as the bosses were not there to inspect me that I did not care if he came to the back door and was allowed entry by an office employee ... as long as he waved to me on his way by (So I would know if I had to BS the Boss if they showed up!
Stay Safe!

I have been retired for just over 20 years now and HR 218 is one of the best pieces of legislation to pass in that time. I did obtain a CCW permit from the sate I retired to and that legally allowed me to carry in many states but not all. Legally it was no good in the State I retired from but no cop in that State would ever bother me so long as they saw my retired ID. Nor HR 218 says I can carry and I did not even bother to re-new my CCW permit. I carry either a 9 or 45 and yes they both are loaded with hollow points. I consider ball ammo dangerous and for those of you that know ballistics you know why. I want the round to stop the individual immediately if ever it becomes necessary to use it. I also find it very difficult if not impossible to qualify yearly as the PD's here are not going to supply the ammo or send someone out to the range to simply qualify you and again, they do not want the liability. Hell, I used to shoot NRA Master in Police Pistol Combat competition and my skills have yet to diminish below Expert and I can still out shoot 75% or bettor of the officers around here, and they are not bad shots either. I find it hard to believe that ANY officer would get his knickers in a twist discovering a retired LEO with a weapon. They should welcome it as additional eyes and even back-up. I know I would feel that way in their shoes.

At times during the "way too many years" I've carried a badge, I've been out of my state and carrying my off duty weapon. Obviously these times were well before HR218 (Ha Ha!). I firmly believe that if you are off duty and carrying, you must do so in a manner that nobody knows you are armed. That's the whole reason for carrying a "CONCEALED" weapon. Too many times I see a young man wearing a "cops do it all night" t-shirt and some dept's ballcap. Then I see the imprint of his Sig on his hip. God protect him if he walks into a 7-11 where a robbery is in progress and a lay-up man in the corner. This officer will be shot before he even reaches for a stick of beef jerkey. Next on the list of "DO's" is to act right all the time. If you are acting stupid and get stopped by a local officer, put yourself in his place. He sees another jerk he has to deal with all the while deciding if you are a threat to his safety. This includes driving 75 in a 45mph! I will freely admit that I've been pulled over for speeding, but every encounter was very friendly from both of our perspectives. In each stop, I apologized for speeding, and thanked the officer for his courtesy. Let's face it, we deal with the "unknown" everytime we encounter a member of the public. How we deal with the situation rests largely on their attitude, our training and the facts of the matter at hand. If you are dealing with a jerk, whether a civilian of off-duty LEO, there's ALWAYS something you can write him up for. Don't make an officer give you a problem HR218 wise by acting like the people we arrest. You wear a badge and owe it to every other LEO to act better than the average person on the street. Be safe out there !

Good stuff there, Chief. Again, it goes back to the "CONCEALLED" word. If no one knows you are carrying, no litigation, no arrest etc. I know people who carried for years pre-cop and pre-ccw, with zero problem. Duty to act may also be a portion of the decision making process. Is a case of pepsi at quik trip being stolen worth the display of a firearm? Not making that up, worked a case on it, truth stranger than fiction.

Enforcement ... I have emailed my US and state politicians! I believe that there needs to be a federal concealed weapons class that you must attend and then requalify on if not every year, then every two years! The class should cover general knowledge questions for former and current officers and federal laws and legal consideration for non-law enforcement. Then everyone should have to qualify with the firearms they may wish to travel with concealed. Besides all of that ... criminal background checks and psyc. test with every qualification.
I never heard anything back from any PA/US politician on this incident. I only hear from them when they want to know if I'm going to vote for them???
As a PA State Constable, a certified PA armed security officer, and having a certification to work as an armed security officer for the US DHS's Federal Protective Services ... I can not accidently cross the state line if I miss the lass PA exit and cross into NJ, NY, MD, DE, or OH with out violating their CW Laws!
So if anyone has any ideas they make sound and logical sence, I'll sign my name to the petition or show my support. But not every Tom Dick and Harry needs a Federal CCW!