Correctional Officers

[bluenose]

Do Correctional Officers have the same privileges as Police Officers regarding buying firearms outside of the AG's list.
Also do they also have the right to carry concealed throughout the USA
Thanks

 

[Jaxon]

I don't know about buy outside the AG's list, but in regards to conceal carry, HR218 is pretty specific about what constitutes an LEO.

Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(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.

`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

There are multiple threads about this topic.

 

[JGreen]

Do Correctional Officers have the same privileges as Police Officers regarding buying firearms outside of the AG's list.
Also do they also have the right to carry concealed throughout the USA
Thanks

You mean the EOPPS approved firearms roster. LEO's are exempt from the AG regs only.

 

[Len-2A Training]

MA Correctional Officers are most likely not covered under LEOSA and not considered LEOs for purposes of purchasing handguns (as an individual) that don't meet the AG Regs from dealers in MA.

 

[KBCraig]

LEOSA doesn't remove any restrictions on purchasing, registration, or license to own (in those states that have such requirements). It does exactly one thing: exempts qualified LEOs and qualified retired LEOs from most restrictions on the concealed carry of a legally possessed handgun.

I have no idea if Mass. COs meet the LEOSA definition of a qualified LEO. Federal COs do, but they have to jump through the same purchasing hoops as anyone else.

 

[fbirdquik6]

In Mass most CO's are security personnel, however federal corrections officers are usually considered law enforcement.

 

[wahsben]

Big Daddy 45ACP would probably know. I am pretty sure that Ma. State corrections officers have the same powers as the state police and so they may be under the same rules & regulations etc.

 

[ArmySarge]

I am pretty sure that Ma. State corrections officers have the same powers as the state police and so they may be under the same rules & regulations etc.

I don't know if that was intended as a joke, but, you're waaaayyyyy off.

 

[wahsben]

I don't know if that was intended as a joke, but, you're waaaayyyyy off.

No joke. The state merged the turnpike authority, corrections and others at one time. As you may have noticed I said I am pretty sure which is different then saying this is the case. I also said that BigDaddy45ACP would probably know since he was in corrections.

 

[Jaxon]

No joke. The state merged the turnpike authority, corrections and others at one time. As you may have noticed I said I am pretty sure which is different then saying this is the case. I also said that BigDaddy45ACP would probably know since he was in corrections.

I seriously doubt that COs have the same powers as the MSP. Its my understanding that the scope of a correctional officer's authority extends within the boundaries of the institution where he or she works, and that COs have no law enforcement responsibilities outside these boundaries. YMMV

 

[zule]

No they do not have the same privlige of buying the guns that are not up to the AG specs. Unless you work for a sheriffs dept as a CO and you are a deputy then you can.

 

[asquared]

+1 to zule. Rank and file COs are not exempt from anything or covered under any LEO statutes. However, some of them become deputies mainly to work details when they become available. The appointment process varies from one county to another, and can be a horror show of campaign contributions. There are even politically appointed "deputy sheriffs" out there who don't work for the county and wouldn't last a minute inside any county jail I know of. Anyone who is a sworn deputy(through whatever means of convincing the sheriff) falls under the LEOSA due to the wording of the law, provided he or she can articulate the "employee of a governmental agency" portion. Of course, there's case law saying that a voluteer constable is a government employee...
As for the EOPS roster/AG regs, the jury is still out. Some dealers have a much more liberal interpretation than others, so the responses across the Commonwealth to LE sales range from "anyone with anything that looks like a badge" to "we can't transfer anything that isn't Mass Compliant". I think it's fair to say that a trooper or municipal officer would have an easier time obtaining a non-compliant firearm than a CO.

 

[GSG]

In Mass most CO's are security personnel, however federal corrections officers are usually considered law enforcement.

Federal Bureau of Prisons employees are covered by LEOSA, but I don't know if the EOPS list exemption apply to them in Mass.

I seriously doubt that COs have the same powers as the MSP. Its my understanding that the scope of a correctional officer's authority extends within the boundaries of the institution where he or she works, and that COs have no law enforcement responsibilities outside these boundaries. YMMV

MA DOC are SSPO's, not State Troopers.

MGL Chapter 127 Section 127

Chapter 127: Section 127. Special state police officers; powers and duties


Section 127. The governor, upon the written recommendation of the commissioner or the chairman of the parole board, may appoint any employee of the department of correction or the parole board, respectively, a special state police officer for a term of three years, unless sooner removed. Officers so appointed may serve warrants issued by the governor, the commissioner or the parole board and orders of removal or transfer of prisoners issued by the commissioner and warrants issued by any court or trial justice in the commonwealth for the arrest of a person charged with the crime of escape or attempt to escape from a penal institution or from the custody of an officer while being conveyed to or from any such institution, and may perform police duty about the premises of penal institutions. Such special state police officers of the parole board may also perform police duties: (1) when on official duty as a parole officer and in the company of an on-duty police officer or state police officer during the course of such police officers official duties; (2) to serve arrest warrants issued by any court in the commonwealth for the arrest of any person charged with any crime; (3) when arresting parolees pursuant to warrants or detainers of the parole board or transporting said parolees, over individuals who attempt or threaten to interfere with such special state police officers of the parole board in the performance of their duties; (4) on the premises of parole board facilities, which facilities shall include locations where the board is conducting a hearing or other board business; (5) including applying for and executing search warrants in the course of an investigation of parole violations, and upon complaint on oath that such special state police officer has probable cause to believe that the parolee, for whom a current parole arrest warrant is outstanding, is concealed within a house, place, vessel anywhere within the commonwealth or territorial waters thereof or vehicle of another; (6) including, after such applying for and executing search warrants in the course of an investigation of parole violations after notifying the appropriate local police department or the state police and upon complaint on oath that such special state police officer has probable cause to believe that stolen or embezzled property or property obtained by false pretenses, property which has been used as the means of committing a crime, property which has been concealed to prevent a crime from being discovered or property which is unlawfully possessed or kept or concealed for an unlawful purpose is in the possession or control of a parolee; and (7) including applying for and executing search warrants in the course of an investigation of parole violations, and upon complaint on oath that such special state police officer reasonably believes that evidence of a parole violation is concealed on such parolee’s person or under such parolee’s exclusive control. Whenever evidence of a crime has been discovered by such special state police officer, the appropriate local police department or state police shall be notified immediately. Such special state police officers of the investigative and fugitive apprehension unit of the department of correction may also perform police duties: (1) when on official duty as such a special state police officer of said investigative and fugitive apprehension unit, and in the company of an on-duty police officer or state police officer during the course of such police officer’s official duties; (2) to serve arrest warrants or escape warrants issued by any court in the commonwealth for the arrest of any person charged with any crime; and (3) when arresting escapees pursuant to arrest warrants or transporting said escapees, over individuals who attempt or threaten to interfere with such special state police officers of said investigative and fugitive apprehension unit in the performance of their duties.

 

[glockguy17]

Federal Bureau of Prisons employees are covered by LEOSA, but I don't know if the EOPS list exemption apply to them in Mass.



MA DOC are SSPO's, not State Troopers.

MGL Chapter 127 Section 127

Thats the one I was looking for. I thought it was in Chapter 22c.

 

[GSG]

Thats the one I was looking for. I thought it was in Chapter 22c.

I had to dig to find it. I don't know a whole lot about the Mass. DOC either, so I'm wondering if someone could enlighten me...are all DOC's SSPO's, or just some of them? The law seems to indicate that both are possible.

 

[GSG]

Federal Bureau of Prisons employees are covered by LEOSA

Here's a link to a BOP memo confirming this.

http://www.handgunlaw.us/documents/FBOP-LEOSAMemo.pdf

 

[KBCraig]

Federal Bureau of Prisons employees are covered by LEOSA...

Unlike most state corrections systems, BOP doesn't differentiate based on job title: everyone goes through the same training and has the same authority, whether it's an officer, a secretary, a plumbing foreman, a teacher, etc.

Physicians, chaplains, and psychologists aren't allowed to qualify with weapons (it's seen as a conflict of interest, same as in the military), so they don't qualify under LEOSA. The BOP also has quite a few Uniformed Public Health Service employees, who are technically not BOP employees, just detailed to BOP while working for PHS. They also don't qualify with firearms and aren't covered under LEOSA.

Everyone else is covered.

 

[GSG]

Unlike most state corrections systems, BOP doesn't differentiate based on job title: everyone goes through the same training and has the same authority, whether it's an officer, a secretary, a plumbing foreman, a teacher, etc.

Physicians, chaplains, and psychologists aren't allowed to qualify with weapons (it's seen as a conflict of interest, same as in the military), so they don't qualify under LEOSA. The BOP also has quite a few Uniformed Public Health Service employees, who are technically not BOP employees, just detailed to BOP while working for PHS. They also don't qualify with firearms and aren't covered under LEOSA.

Everyone else is covered.

Thanks for the clarification.

 

[Kisspik002]

MA Correctional Officers are most likely not covered under LEOSA and not considered LEOs for purposes of purchasing handguns (as an individual) that don't meet the AG Regs from dealers in MA.

MA CO's whether state DOC or sheriifs are considered LEO for buying guns I have bought many MA banned guns no problem as for leosa doc are not considered if your a deputy sheriif ( a real one, not a check writer "you do qualify

 

[m16]

Don't know about the CO's in the state system but I'm told that the Sheriff's Dept. have the most juristiction in the state. Especially Middlesex.

 

[Knob Creek]

Mass Environmental Police have State Police Powers.

 

[hankster]

Mass Environmental Police have State Police Powers.

Who cares ?

 

[Shepherd]

Don't know about the CO's in the state system but I'm told that the Sheriff's Dept. have the most juristiction in the state. Especially Middlesex.

And who told you this bs?

 

[Len-2A Training]

And who told you this bs?

It was probably the Middlesex County Sheriff who said that!

 

[jkommelb]

Actually, most of the sheriff's depts have signed mutual aid agreements with each other, so they have nearly state-wide authority now (excepting of course those things they are statutorily prohibited from doing). I highly doubt they've used that too often though

 

[Lefty1]

I'm a CO for the DOC and carry across state lines under H.R.218 all the time. We meet all the criteria set forth in the law, there really isnt even a grey area. It's pretty cut and dried. As far as buying weapons that arent on the AG's approved list, I've never had a problem where I buy my guns, but I suppose some shop owners may not recognize us as LEO for some reason or another.

 

[mrmike]

any Mass. county correctional officer who attended a police academy (NERPI or the SSPO)and is sworn in as a deputy sheriff by their department can work police details for departments in their county. They are allowed to purchase guns not on the AG's list (Glocks) for departmental use. though most buy them for personal off duty use.

 

[Serapis]

any Mass. county correctional officer who attended a police academy (NERPI or the SSPO)and is sworn in as a deputy sheriff by their department can work police details for departments in their county. They are allowed to purchase guns not on the AG's list (Glocks) for departmental use. though most buy them for personal off duty use.

+1 True.

 

[rprice180]

I agree with part of what left1 says. I also am a correction officer (Walpole) and never had any problems buying non approved guns form a store unless they ask for a department letter head saying if is for off duty use. But as far as carrying across state lines i dont recommend that, There is a grey area there and would not recommend it.

 

[GSG]

We meet all the criteria set forth in the law, there really isnt even a grey area. It's pretty cut and dried.

Agreed.

MA Correctional Officers are most likely not covered under LEOSA

But as far as carrying across state lines i dont recommend that, There is a grey area there and would not recommend it.

Mass. DOC meets the federal requirements for LEOSA coverage from an agency POV (though it's important to remember, this law was passed for individual employees of most LE agencies). Good luck qualifying in Mass. as a retiree with the way the CMR's are written, but CO's with SSPO are definitely covered, and I think a convincing argument can even be made for those CO's without SSPO authority.