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  1. #1
    Peconic1811's Avatar
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    Peace officer off-duty carry in NY

    Does anyone know what officers (aside from NY State Court), have off-duty carry authority on their badge/creds, or do most if not all require a CCW for that purpose? Thanks

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    AZ Cop's Avatar
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    Under the Federal concealed carry law, any sworn law enforcement officer may carry with their creds. A seperate CCW permit is not necessary. I've carried in NYC many times with no problems.
    "I wonder if I could kick your a$$. No, not just you...all three of you." - Jeff Speakman, Perfect Weapon

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    +1 in carrying in NYC from out of state. No problems at the airport either from the Port Authority.

    SecretNY
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    askme is offline Officer
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    can reserve deputies/ officers carry there too? not sure if the hr covers reserves
    failure is not an option

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    Quote Originally Posted by askme View Post
    can reserve deputies/ officers carry there too? not sure if the hr covers reserves

    Reserve Deputies and Res. Police Officers do comply with the LEOSA, providing it has been approved by your department. Usually, your Dept. will issue an additional I.D. card, with your Dept. I.D., which explains that you comply with Chapter 44 Title 18 USC Sec. 926 B, you are authorized to carry firearms, and have statutory powers of arrest. Not all Depts. are doing this, therefore you may be OK with just Badge & Creds. providing you fall under all other provisions.
    "A Firearm is a Tool, not a Toy"

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    rzaruba is offline Chief
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    Quote Originally Posted by Peconic1811 View Post
    Does anyone know what officers (aside from NY State Court), have off-duty carry authority on their badge/creds, or do most if not all require a CCW for that purpose? Thanks
    This is an unclear question. The answers can be complex.

    Are you talking about NY LEOs in NYS or what?
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  7. #7
    Peconic1811's Avatar
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    Sorry, my fault I am refering to NY LEO's in NY State. Not any other state. Thanks!

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    icon31.gif

    Although I don't have the linlk at my fingertips, NYS CPL Sec 265.20 should spell it out for you.

    As an aside. I am all in favor of LEOSA although this is still largely untested waters. I would hate to be a test case.
    "There is no second place winner"-- Bill Jordan

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    Fuerza is offline Rookie
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    Quote Originally Posted by Peconic1811 View Post
    Does anyone know what officers (aside from NY State Court), have off-duty carry authority on their badge/creds, or do most if not all require a CCW for that purpose? Thanks
    As JimSpoor said, the NYS CPL spells it all out. Basically, if nothing is said about a permit being required, then that class of peace officers technically can carry off-duty on their credentials. I say technically because, unlike with police officers, a peace officer's employing agency can prohibit them from carrying at all, even if allowed to by law. The best example of this would be probation officers in certain counties.

    Off the top of my head, the following peace officers can carry off-duty on their creds(again, the particular agency may have additional restrictions):

    State Court Officers
    State Court Clerks in the 1st and 2nd Judicial Departments (that's right, court clerks in downstate NY are peace officers and can carry)
    Correctional Officers
    NYC Sheriffs
    TBTA Officers
    Parole Officers
    Probation Officers (in some counties)
    Officers of the ASPCA or any county SPCA which allows their officers to carry

    There are others, but that's all that I can think of without the article in front of me.

  10. #10
    rzaruba is offline Chief
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    Quote Originally Posted by Peconic1811 View Post
    Sorry, my fault I am refering to NY LEO's in NY State. Not any other state. Thanks!
    PL265.20 will tell you that an exemption exists for Peace Officers as defined by section 2.10 of the criminal procedure law.

    You'll want to see who is designated as a peace officer in CPL 2.10, and which ones of those are required to have a licence issued under PL400.

    Unlike Federal statutory/implied authority, which allows one to carry firearms, most of your state laws are exemption based, which means either you are exempt from licensing or exempt from compliance with/prosecution for certain statutes.

    NY is unusual because a license is generally required to even possess a handgun. As a result, a great deal hinges on the policies of the individual agencies. It would not be impossible for an agency to be enumerated in section 2.10 without restriction yet have internal policies which restrict firearms either completely or to some degree for their personnel.

    The best way to find out for sure would be to approach someone from the agency in which you have interest, as policies vary and may change from time to time..
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  11. #11
    Peconic1811's Avatar
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    Quote Originally Posted by rzaruba View Post
    PL265.20 will tell you that an exemption exists for Peace Officers as defined by section 2.10 of the criminal procedure law.

    You'll want to see who is designated as a peace officer in CPL 2.10, and which ones of those are required to have a licence issued under PL400.

    Unlike Federal statutory/implied authority, which allows one to carry firearms, most of your state laws are exemption based, which means either you are exempt from licensing or exempt from compliance with/prosecution for certain statutes.

    NY is unusual because a license is generally required to even possess a handgun. As a result, a great deal hinges on the policies of the individual agencies. It would not be impossible for an agency to be enumerated in section 2.10 without restriction yet have internal policies which restrict firearms either completely or to some degree for their personnel.

    The best way to find out for sure would be to approach someone from the agency in which you have interest, as policies vary and may change from time to time..

    I appreciate everyones help. From my time in law school, I luckily have copies of the CPL, and found the departments and their info. My last question (which may be a bad one, but hey, I want to know) is whether peace officer (again, in NY), who is required to obtain a CCW to carry on duty, can use that CCW off-duty? Also, would one use said CCW with the badge in order to show peace officer status should a situation arise, or is that a big negative? Thanks

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    rzaruba is offline Chief
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    Quote Originally Posted by Peconic1811 View Post
    I is whether peace officer (again, in NY), who is required to obtain a CCW to carry on duty, can use that CCW off-duty? Also, would one use said CCW with the badge in order to show peace officer status should a situation arise, or is that a big negative? Thanks
    Again the answer is, it depends. You would have to go to the individual agency.

    You would have to assume that the agency would be an active particpant in getting you the license under PL400 because it is for their convenience, not yours. The agency would most likely have a firearms policy which would specify how you could use your authority to carry the handgun. It would also be possible that they would ask that restrictions be placed upon the license by the issuing officer or judge.

    While license restrictions in NYS, unlike NJ, do not have the force of law, they could form the basis for revocation if violated. Violation of agency policy could leave you liable to discipline and tort actions, even if you are not prosecuted.

    Your peace officer status would derive from section 2.10, and your credentials and shield would serve as evidence. If you were required to obtain a license to carry a handgun, that would serve as evidence of your authority to carry if you were armed at the time.

    Most agencies look unkindly upon people who take the jobs, acquire firearms, and then disappear.
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  13. #13
    Peconic1811's Avatar
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    Quote Originally Posted by rzaruba View Post
    Again the answer is, it depends. You would have to go to the individual agency.

    You would have to assume that the agency would be an active particpant in getting you the license under PL400 because it is for their convenience, not yours. The agency would most likely have a firearms policy which would specify how you could use your authority to carry the handgun. It would also be possible that they would ask that restrictions be placed upon the license by the issuing officer or judge.

    While license restrictions in NYS, unlike NJ, do not have the force of law, they could form the basis for revocation if violated. Violation of agency policy could leave you liable to discipline and tort actions, even if you are not prosecuted.

    Your peace officer status would derive from section 2.10, and your credentials and shield would serve as evidence. If you were required to obtain a license to carry a handgun, that would serve as evidence of your authority to carry if you were armed at the time.

    Most agencies look unkindly upon people who take the jobs, acquire firearms, and then disappear.

    Thanks, as always this forum is a great help. Just didn't want to run into a situation where a badge or creds was on me/someone else as well as a CCW and gun (if that were an issue).

  14. #14
    rzaruba is offline Chief
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    Quote Originally Posted by Peconic1811 View Post
    Thanks, as always this forum is a great help. Just didn't want to run into a situation where a badge or creds was on me/someone else as well as a CCW and gun (if that were an issue).
    I think you're worrying too much. Don't worry, we all did, so no big deal.

    Any place you end up is going to tell you all you need to know to answer your questions.

    If you're searching for a decent place, carry policy might be one item of interest, but don't use it as the major basis for your decision.
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  15. #15
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    Generally, Ive found that in New York State, if you are a Peace Officer and your employer DID NOT issue you a gun, then it is not a good idea to carry a personally owned gun on your employer's/agency's creds. There's alot of stuff that Penal Law technically allows you to do, but doesnt really fly in real life.

    Your best bet is to apply for a CCW permit, which most counties in NY are happy to issue to a Peace Officer


 
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