Question about carry

[Glocktogo]

Would this same theory apply to a full time LEO working a second job that prohibited weapons?

BC

That's an interesting question actually. There is a national CCW law that covers full time LEO's. But it enjoins other jurisdictions to allow an officer to carry concealed within their jurisdiction if they choose. It's not actually binding on land owners or lease holders.

Even an on duty officer must leave a privately held space if the owner/lease holder doesn't want them there (assuming they aren't investigating a call or crime there).

A public space would have less options, as they've opened themselves to the public and the officer's duty is to protect the public.

Is the officer within their jurisdiction? They may have a requirement to carry off duty if their dept. says so, and respond accordingly if they witness a crime.

I really don't know the answer to that one, but I doubt a full time officer would take a part-time job where they were told they couldn't carry, especially within their jurisdiction. Many departments control part time job assignments to ensure their officers are available and fit for duty, and to avoid any potential conflicts of interest.

Perhaps a FT officer will respond.

 

[CODE_3]

Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.23 - Concealed Firearm for Off-Duty Police Officer
Cite as: O.S. §, __ __




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 concealed handgun as allowed by the Oklahoma Self-Defense Act after issuance of a valid license. When an off-duty officer elects to carry a concealed 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 the effective date of this act, 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 concealed permit pursuant to the Oklahoma Self-Defense Act and certifying that he or she has no preclusions to having such concealed 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 concealed 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 concealed 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 concealed 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 concealed 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 concealed handgun license except when preclusions are found to exist.

3. The term of the concealed handgun permit 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 concealed handgun license shall be valid when the peace officer is in possession of a valid driver license and law enforcement commission card.

4. If a law enforcement officer’s commission card is terminated, revoked or suspended, the concealed handgun license shall be immediately returned to CLEET. When a peace officer in possession of a concealed 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 concealed 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 concealed handgun license pending issuance on the effective date of this act or previously issued to any peace officer prior to the effective date of this act.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440326