H.R 218

Does this law apply to Correctional Officers? Or Detention Deputies in Hillsborough?

[Average Joe]

Does this law apply to Correctional Officers? Or Detention Deputies in Hillsborough?

Qualified law enforcement officers[edit]

In 18 USC § 926B(c),[4] "qualified law enforcement officer" is defined as an employee of a governmental agency who:
1.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, and has 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);
2.is authorized by the agency to carry a firearm;
3.is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;
4.meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
5.is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
6.is not prohibited by Federal law from receiving a firearm

And exactly what does that mean?
"or the incarceration of any person"
Still didn't answer my question.

Also,
Transport and Bailiff's are authorized by the Sheriff to carry a firearm.

[Average Joe]

And exactly what does that mean?
"or the incarceration of any person"
Still didn't answer my question.

In a nut shell, ask legal or someone at the SAO as that is what they are there for. This site is not the place to be asking legal opinions.

From reading H.R. 218 and all it's updates, I noted some things of interest and also my opinion on your question.

I was surprised, yet glad that it also extends to cover all current Military Police personnel or ex-military police with at least 10 years of service, as long as they had powers of arrest under the Uniformed Code of Military Justice (UCMJ)

As far as HCSO Detention Deputies are concerned, you need to have, or have had the Authority to make Arrests and been allowed to carry a Firearm by your Agency. I beieve that Detention Deputies are permitted to wear a gunbelt & carry a sidearm when traveling to & from work in uniform. Certain other Detention Department Deputies, like "Prisoner Transport" etc carry a issued sidearm during their entire shift. Correct me if I am wrong, but I also believe that Detention Deputies at HCSO are authorized to make Felony Arrests if they occur in their presence? Is this only limited to while you are in uniform? These are the types of questions that need to be addressed by the SAO & Legal section.

From what knowledge I do have on this subject, my belief is that HCSO Detention Deputies are covered under H.R. 218 as long as they are either still currently employed or retired with at least 10 years of service. In addition, you must possess pictured credentials showing proof of employment or retirement and must show yearly qualification with a specific sidearm.

Many law enforcement agencies, including Chiefs of Police & Sheriff Associations wanted control of this law (typical) so that they could either approve or disapprove whether their Agency's officers or deputies were permitted to carry concealed firearms off duty or following retirement. Thank goodness that some common sense does still exist in this country and individual law enforcement agencies cannot hinder any active or retired LEO from carrying a concealed firearm anywhere in the United States as long as they meet the criteria outlined in the Federal Law.

To cover yourself even further, I recommend that one obtain a State of Florida Concealed Weapon Permit. This allows you to carry ANY model or ANY caliber concealed firearm on you, rather then being restricted by the specific firearm you annually qualify with under H.R. 218. The Florida permit also allows you to carry in many other states, which are listed with your permit. You can never have too much legal coverage when it comes to anything related to carrying or possessing a firearm.

Also, regarding above post, YES...it is certainly better if you try and carry the particular weapon that you annually qualify with for familiarity reasons, but these weapons are normally mid to large size and not always practical. This is why having a Florida CCW Permit is a good idea. Just remember, it's better to carry a mini .22 pistol if thats all your clothing or situation allows for, rather then carrying NO firearm at all. JMO...Be safe!

[Average Joe]

HR218 allows you to carry a "type of weapon". On your HR218 card all that is required is for the range master to list the "type of weapon" that you qualified with. If that weapon was a revolver, then you can carry any caliber or any size of a revolver. This is true also for a semi automatic.

I qualify with a Sig, which is very large. I carry a SW which is more compact.

From the FDLE Office of General Counsel:

I regularly receive inquiries from correctional or other officers as to whether they can be considered qualified law enforcement officers under the federal law. While I cannot provide a binding legal opinion, a key factor is always whether those officers have “statutory powers of arrest.” If they do not, they cannot be a “qualified law enforcement officer.”

http://www.fdle.state.fl.us/Content/...-2012-(1).aspx

HR218 allows you to carry a "type of weapon". On your HR218 card all that is required is for the range master to list the "type of weapon" that you qualified with. If that weapon was a revolver, then you can carry any caliber or any size of a revolver. This is true also for a semi automatic.

I qualify with a Sig, which is very large. I carry a SW which is more compact.

Hmmm...didn't know that. Thanks for clarifying it. Just surprised the Fed Law is that non-restrictive. Wish more law enforcement agencies, like HCSO for example, would lighten up on always being so restrictive on things. Always so worried about being sued for anything & everything. I think HCSO must have the largest Legal Section & amount of legal personnel then any other agency in the State. Take a look at some of the salaries being paid to the personnel in that section, it's public record, it will shock you. Whats even sadder, most of the time they are being used to fight & refuse benefits to HCSO's own Deputies & civilian employees rather then outsider lawsuits. Right on par with this Administrations harsh treatment toward it's own people. The old "Us against Them" way of thinking downtown is a reality at HCSO.