LEOs and Concealed Carry? Can they?

[ratski]

A recent conversation about what is required to get a firearms permit (concealed carry) in Oklahoma started me to wondering a few things.

I’m hoping that maybe someone here can help with the answers.


Does a full time City/State Police officer need a permit to carry when off duty?

Does a police officer automatically qualify for a concealed carry permit?

Can a police officer “open carry” when off duty and out of uniform?

Can someone be a police officer and not meet the requirements for a concealed carry permit?



Now, I know that some of the answers might be that they would be let off through “professional courtesy”, but I am wondering about the law itself.

Dave

 

[ExSniper]

No.
No.
No.
Yes, for example a VPO against a police officer would make them ineligible for an SDA license.

My no answers are based on your question and it seems you are asking if an LEO needs an SDA License, they do not.

Authority of Peace Officer while off-duty:
Off duty peace officers, with specific authority from the employing agency, may be permitted to carry off-duty weapons. Authority is found in Title 21, Section 1289.23, of the Oklahoma Statutes. If such authority is granted, it must meet the requirements of this section. Counties and municipalities may choose not to permit off-duty weapon status. TThis statute states that the weapon must be concealed when off duty, but the definition of "uniform" makes this a gray area.

FEDERAL DOMESTIC VIOLENCE FIREARM LEGISLATION
The Gun Control Act makes it unlawful for a person who is the subject of a qualifying protection order to possess or receive firearms or ammunition (section 922(g)(8) of the Gun Control Act). Under the ATF’s interpretation of the Official Use Exception, this provision does not apply to persons “performing official duties on behalf of a Federal, State or local law enforcement agency.” The ATF says that if officers are “authorized or required to carry their service weapon at all times, the exception applies to their service weapon at all times.” “The exception does not apply for officers who are ‘off-duty’ at the end of a shift, and are not authorized by statute, regulation, or official department policy to possess their duty weapons for the purpose of performing official duties.”

 

[bigfug]

Can a police officer “open carry” when off duty and out of uniform?

That one depends on the departmental policy, and what is considered an approved uniform. If an OCPD officer is assigned to IT, detective, gangs, etc, and are allowed to wear plain clothes as a uniform, yes, but then technically even though they are in plain clothes, they are in uniform.

 

[twoguns?]

Yes...commission card
yes...commission card
yes...commission card
and yes...if he has a VPO he wont be LEO for long, and shouldnt be carrying a gun
(within the municipality that issued said card)

 

[Phildo64]

http://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act

 

[Fyrtwuck]

Does a police officer automatically qualify for a concealed carry permit?

In one situation yes. When I retired, I filled out a single page form for the Chief to sign. 30 days later I got a CLEET issued non-expiring permit in the mail.

 

[Michael Brown]

Can a police officer “open carry” when off duty and out of uniform?

That one depends on the departmental policy, and what is considered an approved uniform. If an OCPD officer is assigned to IT, detective, gangs, etc, and are allowed to wear plain clothes as a uniform, yes, but then technically even though they are in plain clothes, they are in uniform.

This is not dictated by policy.

There is no legal exception for an off duty police officer to open carry.

An on duty officer in plainclothes is governed by department policy but an off-duty officer is bound by state statute that requires the firearm be concealed from view.

Michael Brown

 

[CODE_3]

Section 1289.23 - Concealed Firearm for Off-Duty Police Officer



A. A full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET), pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes, is hereby authorized to carry a weapon certified and approved by the employing agency during periods when the officer is not on active duty as provided by the provisions of subsection B of this section.

B. When an off-duty officer carries a certified weapon, the officer shall be wearing the law enforcement uniform prescribed by the employing agency or when not wearing the prescribed law enforcement uniform, the officer shall be required:

1. To have the official peace officers badge, Commission Card and CLEET Certification Card on his or her person at all times when carrying a weapon certified and approved by the employing agency; and

2. To keep the authorized weapon concealed from view at all times, except when the weapon is used within the guidelines established by the employing agency.

C. Nothing in this section shall be construed to alter or amend the provisions of Section 1272.1 of this title or expand the duties, authority or jurisdiction of any peace officer.

D. A reserve peace officer who has satisfactorily completed a basic police course of not less than one hundred twenty (120) hours of accredited instruction for reserve police officers and reserve deputies from the Council on Law Enforcement Education and Training or a course of study approved by CLEET may carry a certified weapon when such officer is off duty as provided by subsection E of this section, provided:

1. The officer has been granted written authorization signed by the director of the employing agency; and

2. The employing agency shall maintain a current list of any officers authorized to carry a certified weapon while said officers are off duty, and shall provide a copy of such list to the Council on Law Enforcement Education and Training. Any change to the list shall be made in writing and mailed to the Council on Law Enforcement Education and Training within five (5) days.

E. When an off-duty reserve peace officer carries a certified weapon, the officer shall be wearing the law enforcement uniform prescribed by the employing agency or when not wearing the prescribed law enforcement uniform, the officer shall be required:

1. To have his or her official peace officer’s badge, Commission Card, CLEET Certification Card and written authorization on his or her person at all times when carrying a weapon certified and approved by the employing agency; and

2. To keep the authorized weapon concealed from view at all times, except when the weapon is used within the guidelines established by the employing agency.

F. Nothing in subsection D of this section shall be construed to alter or amend the provisions of Section 1750.2 of Title 59 of the Oklahoma Statutes or expand the duties, jurisdiction or authority of any reserve peace officer.

G. Nothing in this section shall be construed to limit or restrict any peace officer or reserve peace officer from carrying a handgun, concealed or unconcealed, as allowed by the Oklahoma Self-Defense Act after issuance of a valid license. When an off-duty officer elects to carry a handgun under the authority of the Oklahoma Self-Defense Act, the person shall comply with all provisions of such act and shall not be representing the employing agency.

H. Any off-duty peace officer who carries any weapon in violation of the provisions of this section shall be deemed to be in violation of Section 1272 of this title and may be prosecuted as provided by law for a violation of that section.

I. On or after November 1, 2004, a reserve or full-time commissioned peace officer may apply to carry a weapon pursuant to the Oklahoma Self-Defense Act as follows:

1. The officer shall apply in writing to the Council on Law Enforcement Education and Training (CLEET) stating that the officer desires to have a handgun license pursuant to the Oklahoma Self-Defense Act and certifying that he or she has no preclusions to having such handgun license. The officer shall submit with the application:

a. an official letter from his or her employing agency confirming the officer’s employment and status as a full-time commissioned peace officer or an active reserve peace officer,

b. a fee of Twenty-five Dollars ($25.00) for the handgun license, and

c. two passport-size photographs of the peace officer applicant.

2. Upon receiving the required information, CLEET shall determine whether the peace officer is in good standing, has CLEET certification and training, and is otherwise eligible for a handgun license. Upon verification of the officer’s eligibility, CLEET shall send the information to the Oklahoma State Bureau of Investigation (OSBI) and OSBI shall issue a handgun license in the same or similar form as other handgun licenses. All other requirements in Section 1290.12 of this title concerning application for a handgun license shall be waived for active duty peace officers except as provided in this subsection, including but not limited to training, fingerprints and criminal history records checks unless the officer does not have fingerprints on file or a criminal history records background check conducted prior to employment as a peace officer. The OSBI shall not be required to conduct any further investigation into the eligibility of the peace officer applicant and shall not deny a handgun license except when preclusions are found to exist.

3. The term of the handgun license for an active duty reserve or full-time commissioned peace officer pursuant to this section shall be as provided in Section 1290.5 of this title, renewable in the same manner provided in this subsection for an original application by a peace officer. The handgun license shall be valid when the peace officer is in possession of a valid driver license and law enforcement commission card.

4. If the commission card of a law enforcement officer is terminated, revoked or suspended, the handgun license shall be immediately returned to CLEET. When a peace officer in possession of a handgun license pursuant to this subsection changes employment, the person must notify CLEET within ninety (90) days and send a new letter verifying employment and status as a full-time commissioned or reserve peace officer.

5. There shall be no refund of any fee for any unexpired term of any handgun license that is suspended, revoked, or voluntarily returned to CLEET, or that is denied, suspended or revoked by the OSBI.

6. CLEET may promulgate any rules, forms or procedures necessary to implement the provisions of this section.

7. Nothing in this subsection shall be construed to change or amend the application process, eligibility, effective date or fees of any handgun license pending issuance on November 1, 2004, or previously issued to any peace officer prior to November 1, 2004.

Historical Data

 

[Buzzdraw]

Section 1289.23 - Concealed Firearm for Off-Duty Police Officer
. . .

G. Nothing in this section shall be construed to limit or restrict any peace officer or reserve peace officer from carrying a handgun, concealed or unconcealed, as allowed by the Oklahoma Self-Defense Act after issuance of a valid license. When an off-duty officer elects to carry a handgun under the authority of the Oklahoma Self-Defense Act, the person shall comply with all provisions of such act and shall not be representing the employing agency.

. . .

b. a fee of Twenty-five Dollars ($25.00) for the handgun license, and
. . .

3. The term of the handgun license for an active duty reserve or full-time commissioned peace officer pursuant to this section shall be as provided in Section 1290.5 of this title, renewable in the same manner provided in this subsection for an original application by a peace officer. The handgun license shall be valid when the peace officer is in possession of a valid driver license and law enforcement commission card.

4. If the commission card of a law enforcement officer is terminated, revoked or suspended, the handgun license shall be immediately returned to CLEET. When a peace officer in possession of a handgun license pursuant to this subsection changes employment, the person must notify CLEET within ninety (90) days and send a new letter verifying employment and status as a full-time commissioned or reserve peace officer.

. . .

Historical Data

LE's can get a SDA card at the reduced rate of $25, following a special application process. As seen in this statute, a SDA card obtained this way goes away when they give up their commission card, which would be on retirement or other separation from LE status.

LE's can alternatively get a SDA card through the same process as civilians, paying the same civilian rate. That card doesn't go away up separation from LE status. It is subject to same criteria for retention as would be any other individual with one.

 

[Norman]

Or the easiest way would be to carry under the LEOSA of 2004. ( was called HR 218)