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Old 10-06-2012, 11:44 AM   #111
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Michigan,
I disagree with your interpretation of H.R. 218.

There is absolutely NO PROVISION within 218 that restricts retired LEO's from carrying a weapon open carry. The law permits the INCLUSION of concealment but does not preclude open carry, unless a specific entity restricts any form of carry.

You may want to re-read 218.

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Old 10-06-2012, 09:32 PM   #112
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The only special authority it gives us is the ability to conceal carry anywhere without a permit, certain provisions still apply. It does not give us specific authority to openly carry. However, if local laws allow the use of open carry, then we can. Also, if a state either bans it, or requires a state permit to open carry, then by state law & leosa, we cannot open carry there.

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H.R.218: The Law Enforcement Officers Safety Act of 2004
(Enrolled as Agreed to or Passed by Both House and Senate)
One Hundred Eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four
An Act
To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:
`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.
`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.
`(e) As used in this section, the term `firearm' does not include--
`(1) any machinegun (as defined in section 5845 of the National Firearms Act);
`(2) any firearm silencer (as defined in section 921 of this title); and
`(3) any destructive device (as defined in section 921 of this title).'.
(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:
`926B. Carrying of concealed firearms by qualified law enforcement officers.'.
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following:
`Sec. 926C. Carrying of concealed firearms by qualified retired 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 retired 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 retired law enforcement officer' means an individual who--
`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;
`(2) before such retirement, was 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 had statutory powers of arrest;
`(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or
`(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;
`(4) has a nonforfeitable right to benefits under the retirement plan of the agency;
`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;
`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
`(7) is not prohibited by Federal law from receiving a firearm.
`(d) The identification required by this subsection is--
`(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or
`(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and
`(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.
`(e) As used in this section, the term `firearm' does not include--
`(1) any machinegun (as defined in section 5845 of the National Firearms Act);
`(2) any firearm silencer (as defined in section 921 of this title); and
`(3) a destructive device (as defined in section 921 of this title).'.
(b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:
`926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.

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Old 10-06-2012, 10:05 PM   #113
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He should sue. And he should win. He should have never been bothered in the first place. I do agree he should have acted in a more appropriate manor, but they should have never even stopped him.
The problem is too many Leo today think that badge makes them god. Especially the new ones that can't even grow facial hair yet. That type of behavior makes the citizens in their community lose respect for them. More people would be less apt to give Leo's a hard time if they could weed out the individuals who acted like this. Just my 2 cents.

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Old 10-08-2012, 12:03 AM   #114
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Quote:
Originally Posted by cjn79 View Post
He should sue. And he should win. He should have never been bothered in the first place. I do agree he should have acted in a more appropriate manor, but they should have never even stopped him.
The problem is too many Leo today think that badge makes them god. Especially the new ones that can't even grow facial hair yet. That type of behavior makes the citizens in their community lose respect for them. More people would be less apt to give Leo's a hard time if they could weed out the individuals who acted like this. Just my 2 cents.

cjn79, he is suing. And I agree with your summary assessment....
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Old 04-21-2013, 12:38 AM   #115
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Anniversary Update.

Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.


Given that a single man peaceably carrying a firearm let to a response by a full half dozen armed officers of the law this same time last year, I have to wonder....

Is a single man more terrifying than a dozen well armed people,
or
were a dozen armed citizens too terrifying for the police to respond to?


The First Annual Gary Parkle Pirk Packing Picnic was a rousing success.

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Old 04-21-2013, 12:51 AM   #116
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Quote:
Originally Posted by 4thPointOfContact View Post
Anniversary Update.

Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.


Given that a single man peaceably carrying a firearm let to a response by a full half dozen armed officers of the law this same time last year, I have to wonder....

Is a single man more terrifying than a dozen well armed people,
or
were a dozen armed citizens too terrifying for the police to respond to?


The First Annual Gary Parkle Pirk Packing Picnic was a rousing success.
These people may be right, by the law, but they don't do the rest of us gun-owners any favors. Argue all you will, but they help the other side more than the side of rational gun owners, and they will accelerate the changes we don't want to see.
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Old 04-21-2013, 12:52 AM   #117
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One simply MUST ask-

Is that the Gary Parkle Pirk, or the Gary Pirkle Park?

Will the Pride of Packing Picnic at Pirkle Park penultimately percolate thru the peasants, peons, and politicos of a pachyderm persuasion in particular- Practically speaking?



Sorry- Happy Anniversary- but I just could not resist....

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Old 04-21-2013, 01:10 AM   #118
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I say good for them and applaud their unwillingness to placate or play pander to the ignorance of the pathetic peon majority. Encore!

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Old 04-21-2013, 01:10 AM   #119
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'Nuff said!
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Old 04-21-2013, 02:09 AM   #120
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Quote:
Originally Posted by Chainfire View Post
These people may be right, by the law, but they don't do the rest of us gun-owners any favors. Argue all you will, but they help the other side more than the side of rational gun owners, and they will accelerate the changes we don't want to see.
I'd be concerned if they started banning heckling, or anti-abortion proselytizing, or speaking annoying loud on a street corner. The sight of someone carrying a pocket knife doesn't send people scurrying. I think it piques their interest and they may call the police as a momentary reaction, but no one is writing to their congresspersons to get these things banned. Once they realize the person isn't there to do anyone any harm, they probably feel bad for having called the cops in the first place.
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