SB 80 Public Order and Safety, Offenses Against;...authorize to carry

Discussion in 'Current Bills' started by BG_Atl, Jan 27, 2017.

  1. BG_Atl

    BG_Atl Active Member

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    More additions to the 16-11-130 list

    http://www.legis.ga.gov/Legislation/en-US/display/20172018/SB/80


     
    Last edited: Jan 27, 2017
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Special favors for special people. Who retires after only 10 years, anyway? If they removed the word "retired" this would benefit me. I had a total of 12 years in law enforcement. Alas, I am not that special.
     

  3. UtiPossidetis

    UtiPossidetis American

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    Injured in the line of duty. Medical retirement.
     
  4. legacy38

    legacy38 Well-Known Member

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    LEOSA allows for carry nationwide for those with 10+ years who separated honorably. With 12 years, you would qualify under LEOSA. This bill would put you under 16-11-130 as well.

    Get your cards, and I'll run you through the qualification course, but you'll have to admit that you are an "only one".
     
    Last edited: Jan 27, 2017
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Does this law have a definition of "retired"? If not, then maybe somebody who works 12 years in a profession and then decides to not only leave that job but leave the profession entirely to pursue a new career has in fact retired from it.

    I don't think the word retired necessarily means that somebody has to be paid a pension from their former employer, or from Social Security, or some other fund.

    If necessary how hard would it be to get the legislature to change that one word retired into "separated from, under honorable conditions?"
    Basically, it should apply to anybody who quit their job for pretty much any reason other than misconduct on the job that would have resulted in them being fired or Sirius Lee disciplined anyway.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    It talks about a retired identification card. I will look deeper into this "retired" issue.
     
    Last edited: Jan 27, 2017
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    https://www.fop.net/legislative/issues/hr218/hr218faq.pdf
    A “qualified retired law enforcement officer†is defined as an individual who:
     has separated from service in good standing with a government agency as a law enforcement officer for an aggregate of ten (10) years or more or separated from such an agency due to a service-connected disability after completing any applicable probationary period of such service;
     was authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;
     had statutory powers of arrest or apprehension under the Uniform Code of Military Justice;
     is not under the influence of alcohol or another intoxicating or hallucinatory drug or
    substance; and
     is not prohibited by Federal law from possessing a firearm.​
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    18 USC § 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) separated from service in good standing from service with a public agency as a law enforcement officer;

    (2) before such separation, 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 or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

    (3)
    (A) before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or
    (B) separated 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) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State;
    (5)
    (A) has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in subsection (d)(1); or
    (B) has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subsection (d)(1);

    (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 separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and 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 active duty standards for qualification in firearms training as established by the agency 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 separated from service as a law enforcement officer that indicates the person as having been employed as a police officer or law enforcement officer; and
    (B) a certification issued by the State in which the individual resides or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met--
    (I) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or
    (II) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.​

    (e) As used in this section--(1) the term "firearm"--

    (A) except as provided in this paragraph, has the same meaning as in section 921 of this title;

    (B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and

    (C) does not include--
    (i) any machinegun (as defined in section 5845 of the National Firearms Act);
    (ii) any firearm silencer (as defined in section 921 of this title); and
    (iii) any destructive device (as defined in section 921 of this title); and(2) the term 'service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government.​
     
    Last edited: Jan 27, 2017
  9. Groundhound

    Groundhound Active Member

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    Sounds like if you have a beer (any amount of alcohol has an influence), you are no longer a retired LEO. Guess that makes you an active duty LEO.... :cheers: :runaway:
     
  10. Wings06j

    Wings06j Member

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    From the UCMJ:
    So the UCMJ says any commissioned officer has the power to arrest (granted its limited) and a "qualified retired law enforcement officer" includes someone with UCMJ power to arrest. So could a commissioned officer get a LEOSA carry permit after separating after 10 years or more of service based on that power to arrest? I guess it comes down to what qualifies as being a "law enforcement officer". A commissioned officer is responsible for maintaining good order and discipline which includes upholding the UCMJ and administering punishment for violations. I know it's a stretch, just wondering if it would be worth the eventual pursuit or if it's a bridge to far (I really need to not be drinking while reading this forum).
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, I was concerned that having served under two different municipalities, I might not qualify, but the word aggregate is used in (c)(3).
    Legacy38 definitely has me perked up and paying attention now.
     
  12. legacy38

    legacy38 Well-Known Member

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    My understanding is that for the military, it applies to MPs, SPs, CID, etc They had to be serving in actual law enforcement.
     
  13. legacy38

    legacy38 Well-Known Member

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    My understanding is that the total years of service is what counts. The original law used a 15 year limit. It was later amended to 10 years.
     
  14. moe mensale

    moe mensale Well-Known Member

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    What makes certain people who have separated/retired from certain professions more special than other people who have separated/retired from other professions? Retired is retired. Who cares what you were in a prior life? Perpetuate the caste system. Nothing like more social stratification to keep everyone happy and cheerful.
     
  15. GM404

    GM404 Well-Known Member

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    So do you support this since you might be 'special'?

    It appears clearer than the military exemption. I still think it should apply to those that are retired (retired or as called by the Navy, retainer pay). But...don't think a court would agree with me.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I do not support social security, and would repeal it if I could, but, if that does not happen, then I will definitely cash the checks when I am old.
     
  17. Nemo

    Nemo Man of Myth and Legend

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    They just want an account number to wire the money in.

    Nemo
     
  18. Rugerer

    Rugerer GeePeeDoHolic

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    Senate tweeting about SB 18. But it sounds like this one.

     
    Last edited: Feb 10, 2017
  19. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Nope. It is SB18. See thread on SB18.