LEO's allowed to OC while off duty?

State and national practical & political discussions on legal open, concealed and vehicle carry.

Re: LEO's allowed to OC while off duty?

Postby Casual » Sun Jan 22, 2012 2:30 pm

Moe, can you elaborate on section L? Do you know how manual possession is defined by the courts either supreme or case law?
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Re: LEO's allowed to OC while off duty?

Postby mjmensale » Sun Jan 22, 2012 3:47 pm

Casual wrote:Moe, can you elaborate on section L? Do you know how manual possession is defined by the courts either supreme or case law?


Do I look like a lawyer? [smilie=eek.gif] This is how I'm reading Gutmacher's interpretations of Chapter 6, 7th Edition.

A couple of definitions -
Securely Encased - in a snapped holster (one of several definitions of securely encased) - page 88.
Manual Possession - the weapon is actually in your hand - footnote 89, page 321.

(l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person’s manual possession;

My interpretation would be that you're carrying your firearm in a snapped OWB holster. I can understand that in your personal vehicle but I have reservations about doing that on, say, a bus. I don't feel warm and comfy about this section.
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Re: LEO's allowed to OC while off duty?

Postby bigjim07 » Mon Feb 20, 2012 11:54 am

I am the ops manager for a large private security company here in Palm Beach County. We are not allowed to carry openly unless on the job. We are not even allowed under the law to carry concealed while working. So no back up guns.
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Re: LEO's allowed to OC while off duty?

Postby TheHobbiest » Mon Feb 20, 2012 9:57 pm

A back up gun can't be openly carried?
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Re: LEO's allowed to OC while off duty?

Postby bigjim07 » Wed Feb 22, 2012 2:09 pm

No and the open carry can only be a.38 a, .380 ( which nobody carries) or a 9mm and you must qualify with the caliber you are carrying. Most of us carry Glock 19's and 17's. It must be in a traditional belt holster with retention or thigh tac holster. No tanker or shoulder holsters. So off duty I can carry a cannon.
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Re: LEO's allowed to OC while off duty?

Postby bigjim07 » Wed Feb 22, 2012 2:11 pm

The only exception is concealed if the client requests it or working as a private investigator.
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Re: LEO's allowed to OC while off duty?

Postby Kender » Wed Feb 22, 2012 9:04 pm

TheHobbiest wrote:A back up gun can't be openly carried?



Not to mention weapon retention is a real PITA with 2 visible guns, only 2 hands, and no force shield.
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