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Can off duty cops carry inside of a school?

Discussion in 'Cop Talk' started by BailRecoveryAgent, Aug 29, 2011.

  1. BailRecoveryAgent

    BailRecoveryAgent Rude Member

    Aug 2, 2010
    I know they can when on duty, but I just wasn't sure if cops are allowed to carry off duty in places that are illegal for civilians to carry in.:dunno:

    This isn't a troll thread or meant to spark any debate as to why cops can carry where some people can't, I'm just looking for clarification.

  2. DaBigBR

    DaBigBR No Infidels!

    Oct 28, 2005
    Circling the wagons.
    My money says that it may vary by state.

  3. Virginia, any law enforcement officer (including out of state) on or off duty.
    Virginia Code: 18.2-308 and 18.2-308.1
  4. Definitely would vary by state.

    You should begin by looking at the section of law that prohibits carrying at schools and see if there are any exceptions specifically stated in the law. Then look at the section of law granting LEO their authority, and see if it says something like "statute X must specifically prohibit off-duty carrying by LEOs..." Most if not all laws only prohibit. So if they're silent on something, it's allowed.

    If you're an out-of-state LEO, definitely controlled by LEOSA (you're the same as the local CCWer).

    For in-state LEOs, probably may even vary by agency. If you're within your jurisdiction, and the agency considers you to be on-duty 24/7, you should be good.

    If you're outside your jurisdiction... or if your agency considers you "off-duty" when you're off-duty, then I don't know.

    If your agency makes you carry off-duty on a CCW, you're out of luck.
  5. in Michigan all police officers, reserves, and sheriff's auxiliary are allowed
  6. OLY-M4gery


    Nov 7, 2001
    Southern WI
    Because police officers are police officers 24/7, even if they are not actively on duty.
  7. In Washington state, yes. Sometimes, much to the chagrin of some more liberal school administrators.
  8. ray9898


    May 29, 2001
    In GA it would be yes since LEO's have arrest powers 24/7.
  9. GackMan


    Feb 12, 2002
    In my state cops can carry in schools... and so can CCW holders.
  10. 1 old 0311

    1 old 0311

    Jan 2, 2006
    Planet Earth
    In Ohio they can carry IF on duty. Off duty, even if in uniform, is a felony.
  11. collim1

    collim1 Shower Time!

    Mar 14, 2005
  12. Denied

    Denied NRA Member

    Dec 15, 2004
    My interpretation is anyone covered by LEOSA can carry inside schools since it is states laws that prohibit and LEOSA states we are exempt for all state laws except inside government buildings and private properties when marked.

    From the LEO involved shooting in Sturgis, SD Aug. 08

    Circuit Court Judge Johnson wrote in his memorandum opinion:

    "While states retain the right to prohibit the possession of firearms on government property and to permit private persons and entities to prohibit the possession of firearms on their property, they cannot restrict qualified law enforcement officers in any other manner"

    Come on folks this is not that hard to understand.
  13. SAR


    Apr 17, 2004
    LA LA Land
    I'm going to have to disagree with you there with respect to LEOSA:

    "Conflict between LEOSA and other lawsAlthough the general effect of LEOSA is to override state and local law, this is subject to limitations. LEOSA does not override:

    1) state laws permitting private property owners from limiting or prohibiting the carrying of concealed weapons on their property (such as public bars, private clubs, and places such as amusement parks)

    2) state laws prohibiting carrying concealed weapons on state or local government property (such as courthouses, schools or parks)"
  14. NEOH212

    NEOH212 Diesel Girl

    Mar 25, 2008
    North East Ohio
    This is the way it should be in every state.
  15. NEOH212

    NEOH212 Diesel Girl

    Mar 25, 2008
    North East Ohio
    Our laws in this state suck. There has to be some serious reform. You know it's bad when even a LEO can't carry.
  16. Dukeboy01

    Dukeboy01 Pretty Ladies!

    Apr 30, 2000
    Lexington, KY
    Legal in KY. And I enjoy getting the school marms' panties in a wad as well.
  17. Actually had a principal at one elementary schools tell one of us to disarm before we came in.

    They left soon after. :)
  18. mixflip


    Mar 4, 2009
    I carry concealed to my sons school every day when I pick him up. NRS 202.350.7
  19. BailRecoveryAgent

    BailRecoveryAgent Rude Member

    Aug 2, 2010
    Thanks Morris, I should have been more clear in my op that I was mostly looking for info on WA state.

    Which PNW state is that?