400-6 Carrying Concealed Firearms Flashcards
Active officers who are carrying a firearm while off duty in another state do not have law enforcement authority unless specifically granted that authority by that state. LEOSA pertains only to the authority to carry concealed firearms.
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An employee of a governmental agency who meets all of the stipulations as outlined in LEOSA. Stipulations include all of the following.
The officer:
a. Has statutory powers of arrest and 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.
b. Is authorized by the employing agency to carry a firearm.
c. Is not the subject of any disciplinary action by the employing agency that could result in suspension or loss of police powers.
d. Meets all standards established by the employing agency requiring the employee to regularly qualify in the use of a firearm.
e. Is not under the influence of alcohol or any intoxicating or hallucinatory drug or substance (see General Order 300-28, Use of Intoxicants).
f. Is not prohibited by federal law from receiving a firearm.
Qualified Retired Officer. Any retired law enforcement officer who meets all of the stipulations as outlined in LEOSA.
LEOSA stipulations include that the individual:
a. Separated from service in good standing with a public agency as a law enforcement officer.
b. Prior to separation, had statutory powers of arrest and 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.
c. Served as a law enforcement officer for an aggregate of 10 years or more; or after completing any applicable probationary period, separated from service as a law enforcement officer due to a service connected disability as determined by the employing agency.
d. During the most recent 12-month period, met the agency’s or state’s standards for training and qualification for active law enforcement officers to carry a firearm of the same type (revolver, semi-automatic, or both) as the concealed firearm.
e. Has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health.
f. Has not entered into an agreement with the agency, in which that individual acknowledges he or she is not qualified for reasons relating to mental health.
g. Is not under the influence of alcohol or any intoxicating or hallucinatory drug or substance (see General Order 300-28, Use of Intoxicants).
h. Is not prohibited by federal law from receiving a firearm.
. The Houston Police Department’s ID cards for active officers shall contain the language, “The holder qualifies for the right to carry a firearm under federal law, 18 U.S.C.A. §9268.”
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The identification issued by the Houston Police Department to retired officers qualifying under LEOSA shall contain the language, “The holder qualifies for the right to carry a firearm under federal law, 18 U.S.C.A. §926C.”
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When questions arise regarding the legal status of a person who is carrying a firearm under LEOSA, classified officers shall consult the Harris County District Attorney’s Office. If there is a question regarding the validity of a particular ID, the issuing agency shall be contacted.
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Upon initial separation, honorably retired HPD officers may be issued a photographic departmental identification by the Employee Services Division (ESD) indicating their retirement status.
Applications to carry a concealed firearm should be submitted to ESD no more than two weeks prior to the retirement date. ESD shall verify that all the requirements have been met prior to certification.
Upon approval, applicants shall be required to demonstrate firearm proficiency prior to receiving certification. The proof of proficiency shall be for the same type of firearm as the concealed firearm.
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ESD shall conduct an internal review, criminal history check, and state driver license verification on all renewal applicants. TCOLE licenses may be checked since retired police officers might be working as peace officers for other law enforcement agencies.
Correspondence, including the results of the background check and firearm proficiency test, shall be prepared by ESD and forwarded to the Office of Legal Services for review. Upon final approval, ESD shall issue the retiree the appropriate honorably retired ID with certificate of firearm proficiency.
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