We only use off-duty police officers [More]Why does the slogan "We use only 100% pure 'Only Ones'" come to mind?
I can't help but wonder if--all other things being equal--public status gives private advantage in terms of privileges or access if some reworking of applicable laws might not be in order.
For example: Can a LEO acting in a private capacity carry in places forbidden to a non-LEO bodyguard? If so, does that not equate to the law giving him a competitive advantage in private ventures and, in effect, ensure unequal protection in terms of earning a living?
I'm not saying this is so--I'm just askin'. If anybody knows, please educate me.
[Via Mike H]
Ask Tampa Fox TV newscaster Russell Rhodes what he thinks of the effectiveness of off-duty law enforcement officers.
ReplyDeleteAs I understand it, those required to carry arms for their "official" employment - meaning all cops and other "agents" of government - are exempt from laws that prevent the rest of us from carrying in most places, especially those with a CC "permit."
ReplyDeleteThe cops involved in the bar shooting in South Dakota last fall were not held to account for the charges of unlawful CC in South Dakota because of that exemption.
The vicinity of the president being a serious exception, of course.
I can only speculate that an "off-duty" "only one" acting in a private capacity in a for-profit venture (as in the linked story) could open the "only one" up to personal liability and expose any company that employs the "only one" to similar liability. Of course an attorney would likely raise the issue of immunity for the "only one", but I think that would likely fail in a lawsuit over abuse of power by an off-duty "only one."
ReplyDeleteRe: "LEO acting in a private capacity carry in places forbidden to a non-LEO bodyguard" - I think it highly depends on how the law is written in each state. I don't think that my state's law has anticipated this eventuality - so I think that they could carry in most prohibited areas. In the event of any abuse of such a "loop-hole", I would think that the legislature might act to close it - which could include extending immunity or abolishing the "privilege."
Re: "unequal protection in terms of earning a living" - Also dependent on how the relevant laws are written. In my state, there are limited exceptions to "gun-free zones" for security personnel.
Any constitutional analysis of a set of laws would inquire whether the law is an equal protection violation "as enacted" and/or "as applied" to the party raising an issue and whether the law meets the relevant weighing test.
On balance, the way courts have shown themselves to despise the individual and embrace the nanny state, I would be surprised (pleasantly) if a court found such discrimination to be constitutional.
I can only speak to NC. LEOs can carry concealed off duty and out of jurisdiction, if their Chief has a letter on file with he local clerk of court. they can't carry on Federal property or under the influence. Any where else is open to them posted or not. Most departments I know allow their officers to do off duty work in uniform. This is arranged through the department. No off duty without departmental permission is allowed. Thye want to work at the local BP off duty? ok but not carrying their duty weapon and not representing themselves as a member of the department. Working at a bar as "secuiryt off duty in uniform with Dept ok is ok. Other states or municipalities may be different but I think not too different. Most of this is driven by liability.
ReplyDeleteGood point about marketability of the advantages of being elite. In Michigan, they are allowed to carry everywhere. Kinda like how we all could way back when our gov't knew what it was doing.
ReplyDeleteOh and LEOs in NC who carry under color of badge out of jurisdiction are no different than any other citizen in what circumstances they can use the firearm.
ReplyDeleteIn WI, the law gives LEOs an exemption for CCW that the general population doesn't have, a government building exemption, and an exemption for school zones when acting in an official capacity. Funny thing it's actually a felony for a cop to drive home with a loaded gun on their person through a school zone, just as it would be for any other person. They have no school zone exemption that any other citizen has when they are not on duty. Try to find me a judge who will prosecute THAT one...
ReplyDeleteMike I think that you hit the nail on the head.
ReplyDeleteWhat the law says and how it is enforced are two separate issues.
We all know and understand that only ones get special consideration from the criminal (justice?)system.