LEOSA enforceable under Section 1983

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  • Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,604
    Glen Burnie
    If a Leosa qualified retiree lives in Garrett County, where is the closest entity that could qualify them and issue them a Leosa card?

    iirc your retiring agency is responsible for cards.
    You'd have to call some sheriff depts. nearby to see if they hold qualifications. I think Calvert county does.
     
    Aug 17, 2016
    1
    No one is arguing why COs should not have LEOSA.
    Actually I would argue that. It's my opinion that CO's should not be covered under LEOSA. The law is clear on who qualifies. LEOSA is not a gun permit. It's a law that says QLEO's are allowed to carry with the proper credentials. All these silly LEOSA badges out there that read "National concealed carry" should actually read "Qualified LEO" if they wanted to be acurate. The ability to carry is based solely upon being a QLEO. However, I don't think CO's should be denied the right to carry either, just not under LEOSA. They should not be turned down by any state as long as they're not criminals themselves. (in other words pass a backgroud check like everyone else) If the states are turning them down, they need to propose a COSA specifically to address the issue. CO's are not LEO's. I don't understand rulings that clearly ignore the LEOSA the way it was written.
     

    ADR

    Ultimate Member
    Aug 17, 2011
    4,171
    Actually I would argue that. It's my opinion that CO's should not be covered under LEOSA. The law is clear on who qualifies. LEOSA is not a gun permit. It's a law that says QLEO's are allowed to carry with the proper credentials. All these silly LEOSA badges out there that read "National concealed carry" should actually read "Qualified LEO" if they wanted to be acurate. The ability to carry is based solely upon being a QLEO. However, I don't think CO's should be denied the right to carry either, just not under LEOSA. They should not be turned down by any state as long as they're not criminals themselves. (in other words pass a backgroud check like everyone else) If the states are turning them down, they need to propose a COSA specifically to address the issue. CO's are not LEO's. I don't understand rulings that clearly ignore the LEOSA the way it was written.


    And you are? (There's an introduction section for a reason.)
     

    Chauchat

    Active Member
    Jan 16, 2014
    118
    In the free States
    Actually I would argue that. It's my opinion that CO's should not be covered under LEOSA. The law is clear on who qualifies. LEOSA is not a gun permit. It's a law that says QLEO's are allowed to carry with the proper credentials. All these silly LEOSA badges out there that read "National concealed carry" should actually read "Qualified LEO" if they wanted to be acurate. The ability to carry is based solely upon being a QLEO. However, I don't think CO's should be denied the right to carry either, just not under LEOSA. They should not be turned down by any state as long as they're not criminals themselves. (in other words pass a backgroud check like everyone else) If the states are turning them down, they need to propose a COSA specifically to address the issue. CO's are not LEO's. I don't understand rulings that clearly ignore the LEOSA the way it was written.

    Well said. Thank you for posting the comment!

    And since it amends the GCA of 68 it only applies to the District of Columbia, and the other places under the Congress' authority. See 921A2

    http://le.nra.org/leosa.aspx

    and

    §921. Definitions

    (a) As used in this chapter—

    (2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    Actually I would argue that. It's my opinion that CO's should not be covered under LEOSA. The law is clear on who qualifies. LEOSA is not a gun permit. It's a law that says QLEO's are allowed to carry with the proper credentials. All these silly LEOSA badges out there that read "National concealed carry" should actually read "Qualified LEO" if they wanted to be acurate. The ability to carry is based solely upon being a QLEO. However, I don't think CO's should be denied the right to carry either, just not under LEOSA. They should not be turned down by any state as long as they're not criminals themselves. (in other words pass a backgroud check like everyone else) If the states are turning them down, they need to propose a COSA specifically to address the issue. CO's are not LEO's. I don't understand rulings that clearly ignore the LEOSA the way it was written.

    I like where you are going with this but...Federal COs fall under LEOSA because we are classified as LEO's due to the fact that we have limited arrest powers on and off of Gov't property. I don't consider myself a police officer and don't act like one, but if a trooper or any LEO is getting assaulted/attacked, you can bet your ass that I will do everything I can to assist that officer. Being that I live in the crap hole state of MD, I'm glad that I'm covered under LEOSA so that I can legally carry to protect my family and self. It's BS that its almost impossible for law abiding citizens to get a carry permit. Can't wait til the day I can move out of here.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,000
    Political refugee in WV
    Actually I would argue that. It's my opinion that CO's should not be covered under LEOSA. The law is clear on who qualifies. LEOSA is not a gun permit. It's a law that says QLEO's are allowed to carry with the proper credentials. All these silly LEOSA badges out there that read "National concealed carry" should actually read "Qualified LEO" if they wanted to be acurate. The ability to carry is based solely upon being a QLEO. However, I don't think CO's should be denied the right to carry either, just not under LEOSA. They should not be turned down by any state as long as they're not criminals themselves. (in other words pass a backgroud check like everyone else) If the states are turning them down, they need to propose a COSA specifically to address the issue. CO's are not LEO's. I don't understand rulings that clearly ignore the LEOSA the way it was written.

    So let me get this straight. A CO should not be allowed to carry under LEOSA, because they are not a peace officer/law enforcement officer? How are they not a wing of law enforcement, when their department is usually within the state division of law enforcement?

    Just because they are not out on the streets writing speeding tickets or arresting people, they still see the same threats against them. If you had any idea what goes on behind the walls of a jail, you would change your tune in a heartbeat.

    A coworker is a former CO from AACo and some of the stories about what happened to him or what he witnessed, will make your toe nails curl up. He obtained a CCW permit after he retired from AACo, but MD didn't let him renew it at the renewal period, so he said screw it.

    A friend of mine is a CO up at WCI/North Branch. Some of the things he has told me are un-freaking-real. He wishes he could carry off duty, but MD won't let him get the CCW permit for some unknown reason.

    CO's are given the sh!t job of babysitting those punks after the cops bring them in for committing their crimes. A CO deals with death threats on a daily, and sometimes minute to minute basis, by people that are more than willing and capable of following though on the threats, should they see the CO out on the street.

    Me thinks you need to cool your jets and get used to the neighborhood on MDS, before you piss off the whole community. Be chill, get the lay of the land. You might find something worthwhile on here.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,000
    Political refugee in WV
    If a Leosa qualified retiree lives in Garrett County, where is the closest entity that could qualify them and issue them a Leosa card?

    Frederick County Sheriff's Office does LEOSA qualifications a couple times a year. Bear in mind that if you do the FCSO LEOSA quals, you better show up before 1800, otherwise you will be sitting at the gate till 1845-1900, before the county employee comes back up after doing his job. His job takes priority over you entering his site to qualify.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    So let me get this straight. A CO should not be allowed to carry under LEOSA, because they are not a peace officer/law enforcement officer? How are they not a wing of law enforcement, when their department is usually within the state division of law enforcement?

    Just because they are not out on the streets writing speeding tickets or arresting people, they still see the same threats against them. If you had any idea what goes on behind the walls of a jail, you would change your tune in a heartbeat.

    A coworker is a former CO from AACo and some of the stories about what happened to him or what he witnessed, will make your toe nails curl up. He obtained a CCW permit after he retired from AACo, but MD didn't let him renew it at the renewal period, so he said screw it.

    A friend of mine is a CO up at WCI/North Branch. Some of the things he has told me are un-freaking-real. He wishes he could carry off duty, but MD won't let him get the CCW permit for some unknown reason.

    CO's are given the sh!t job of babysitting those punks after the cops bring them in for committing their crimes. A CO deals with death threats on a daily, and sometimes minute to minute basis, by people that are more than willing and capable of following though on the threats, should they see the CO out on the street.

    Me thinks you need to cool your jets and get used to the neighborhood on MDS, before you piss off the whole community. Be chill, get the lay of the land. You might find something worthwhile on here.

    I may very well know this individual seeing as how I worked at NBCI from 2013-2015 and worked a bunch of OT on all 3 shifts. The things I witnessed while working there as well as a medium security state prison in Hagerstown weren't for the faint of heart. Thank you for believing that we should be covered and recognizing us as a part of law enforcement:thumbsup:
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,000
    Political refugee in WV
    I may very well know this individual seeing as how I worked at NBCI from 2013-2015 and worked a bunch of OT on all 3 shifts. The things I witnessed while working there as well as a medium security state prison in Hagerstown weren't for the faint of heart. Thank you for believing that we should be covered and recognizing us as a part of law enforcement
    My friend transferred to WCI/North Branch back in 2012, from Hagerstown. He got tired of the commute to Hagerstown from near WCI/North Branch.

    It is my personal belief that if you are on the front lines in law enforcement/corrections, you deserve the ability to be covered under LEOSA. Private corporations that run corrections facilities are a interesting conundrum in regards to LEOSA. I really don't have an opinion on them, because I'm unsure how they manage things or what they deal with.
     

    Doobie

    Ultimate Member
    Jan 23, 2013
    1,777
    Earth
    My friend transferred to WCI/North Branch back in 2012, from Hagerstown. He got tired of the commute to Hagerstown from near WCI/North Branch.

    It is my personal belief that if you are on the front lines in law enforcement/corrections, you deserve the ability to be covered under LEOSA. Private corporations that run corrections facilities are a interesting conundrum in regards to LEOSA. I really don't have an opinion on them, because I'm unsure how they manage things or what they deal with.

    I got tired of the drive as well...cut my drive down from 80 miles one way to 11 miles. Went to the Feds last year and shortened my drive a little more:)
    Which facility did he transfer to...WCI or North Branch(NBCI). They are two separate facilities that are located beside on another if you didn't already know that.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    24,000
    Political refugee in WV
    I got tired of the drive as well...cut my drive down from 80 miles one way to 11 miles. Went to the Feds last year and shortened my drive a little more:)
    Which facility did he transfer to...WCI or North Branch(NBCI). They are two separate facilities that are located beside on another if you didn't already know that.
    He went to WCI.

    PM me and we'll discuss further.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,462
    Actually I would argue that. It's my opinion that CO's should not be covered under LEOSA. The law is clear on who qualifies. LEOSA is not a gun permit. It's a law that says QLEO's are allowed to carry with the proper credentials. All these silly LEOSA badges out there that read "National concealed carry" should actually read "Qualified LEO" if they wanted to be acurate. The ability to carry is based solely upon being a QLEO. However, I don't think CO's should be denied the right to carry either, just not under LEOSA. They should not be turned down by any state as long as they're not criminals themselves. (in other words pass a backgroud check like everyone else) If the states are turning them down, they need to propose a COSA specifically to address the issue. CO's are not LEO's. I don't understand rulings that clearly ignore the LEOSA the way it was written.

    I agree and disagree...

    COs are in many cases QLEOs with powers of arrest while on duty. Those who are, SHOULD be allowed to qualify under the LEOSA provision.

    Also, some COs are employed by private contract to commercially operated institutions. They should not be allowed to qualify under LEOSA as their employment does not include Police Duty with PoA. THEY should be allowed to petition the state of their residence for and receive the State CCW for as long as they hold their employment with the Commercial Prisoner Housing Institution.
     

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