NY LEO carrying my handgun

[klarowe]

my brother is visiting from NY where he is a NY State Trooper. He didn’t bring his gun with him and is wondering if he can CC one of mine. How does that work down here? He has his badge but the gun is mine so it’s not on his badge.

 

[busykngt]

I’m guessing any Texas LEOs that might have an occasion to run into your brother would tend to express a great deal of sympathy for him having to work behind enemy lines!

 

[motorcarman]

TX unilateral Reciprocity with NY.

bob

 

[satx78247]

my brother is visiting from NY where he is a NY State Trooper. He didn’t bring his gun with him and is wondering if he can CC one of mine. How does that work down here? He has his badge but the gun is mine so it’s not on his badge.

Your brother can carry whatever he likes here, provided that he has police credentials. = This is TEXAS.

yours, satx

 

[hoghunting]

Don't know about NY, but most law enforcement agencies require qualifying with a firearm before carrying it.
If he was a civilian, there wouldn't be any problems with him carrying one of your pistols, but being an LEO, he has agency requirements.

 

[klarowe]

I know TX has reciprocity with NY but he doesn’t have a NY permit. He carries under his badge. So I wasn’t sure how the reciprocity worked and if it mattered he was carrying my firearm.

 

[majormadmax]

Under the Law Enforcement Officers Safety Act (LEOSA, 18 USC §926B), "If a person meets the criteria, then "notwithstanding any other provision of the law of any State or any political subdivision thereof," he or she may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, in any state or political subdivision thereof." As a result, an individual who qualifies under LEOSA does not require a state-issued permit for carrying a concealed firearm in any state, including that person's home state. This is because LEOSA, by its terms, provides in its introductory paragraphs (Sections 926B(a) and Section 926C(a)) that notwithstanding the law of "any State" a person who qualifies under LEOSA is not subject to the concealed carry laws of any state.

LEOSA overrides agency policy in accordance with United States Supreme Court precedent: “The bill removes the ability of police departments to enforce rules and policies on when and how their own officers can carry firearms. Police chiefs will lose the authority to prohibit their own officers from carrying certain weapons on-duty or off-duty.

Section 2 of the bill provides that regardless of ‘‘any other provision of the law of any State or any political subdivision thereof,’’ any individual who qualifies as a law enforcement officer and who carries photo identification will be authorized to carry any firearm (emphasis mine).

But it's his ass, so he should read up on the law and determine the legality of carrying!

https://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act

https://www.law.cornell.edu/uscode/text/18/926B

 

[Renegade]

I know TX has reciprocity with NY but he doesn’t have a NY permit. He carries under his badge. So I wasn’t sure how the reciprocity worked and if it mattered he was carrying my firearm.

Without LTC, his carry is limited to LEOSA, which is not that great. But few get caught when violating it.

 

[ZX9RCAM]

What are the odds he would be hassled by Texas LEOs when they saw his credentials?

 

[Wiliamr]

OK he is a cop. He can figure it out

 

[Charlie]

What are the odds he would be hassled by Texas LEOs when they saw his credentials?

Very slim, I would think.

 

[ZX9RCAM]

Very slim, I would think.

Exactly what I was thinking.

 

[TxStetson]

OK he is a cop. He can figure it out

This.

 

[rexster314]

I'm sure he would receive more professional courtesy in Texas than I would have in NY, all things equal

 

[avvidclif]

Without LTC, his carry is limited to LEOSA, which is not that great. But few get caught when violating it.

Are you saying an LTC carries more privileges than LEOSA?

 

[OIF2]

What are the odds he would be hassled by Texas LEOs when they saw his credentials?

None.
Bob

 

[OIF2]

Without LTC, his carry is limited to LEOSA, which is not that great. But few get caught when violating it.

Actually, it's the other way around. LEOSA trumps any state LTC regs, including TX. Only place where you can't carry would be a Federal Courthouse.
Bob

 

[Renegade]

Are you saying an LTC carries more privileges than LEOSA?

Absolutely. For example, my LTC bypasses NICS, I can carry in a school zone, National Parks, etc. LEOSA does not do most of those things. Also, as for signs, I am only subject to 51%/30.06/07, whereas LEOSA is subject to all signs on private property. I can also carry any legal firearm, LEOSA is severely limited in firearm choice.

 

[Renegade]

Actually, it's the other way around. LEOSA trumps any state LTC regs, including TX. Only place where you can't carry would be a Federal Courthouse.
Bob

Not even close. Here is part of the restrictions:

Although LEOSA preempts state and local laws, there are two exceptions:
The laws of that state

1. Permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property. So any private place that bans guns LEOSA cannot legally carry. LTC can carry there unless it is 30.06.

2. Prohibit or restrict the possession of firearms on any state or local government property, installation, building, base, or park. Well that is a metric shitload of places, and LTC gets to carry in almost every one.

 

[OIF2]

Not even close. Here is part of the restrictions:

Although LEOSA preempts state and local laws, there are two exceptions:
The laws of that state

1. Permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property. So any private place that bans guns LEOSA cannot legally carry. LTC can carry there unless it is 30.06.

2. Prohibit or restrict the possession of firearms on any state or local government property, installation, building, base, or park. Well that is a metric shitload of places, and LTC gets to carry in almost every one.

Are you a cop? You need to look at what TX law says about cops carrying a weapon. A little different than what you think. ANYONE is banned from carrying on private property if the owner asks you to leave (unless it's an on-duty investigation). That's true anywhere in the US. Cops are exempt from 30-06 regs and ABC rules. Don't know where you got your info, but it doesn't really matter, if you're not a cop. If you think your CCW is a better deal, that's awesome.

According to you, on-duty cops could be banned from private property if it's posted, illegal signage or not. Ridiculous. Per TX (and Federal) law, armed cops aren't banned from anywhere in the state, except Fed buildings. There was an issue in some TX stadiums, since it's private property, but that's changed now; cops with ID are admitted, per TX law, CCW citizens are not. If you qualify once yearly and have an appropriate police ID, you're good to go just about anywhere in the US. And that's what the intent was. That's why it's titled "Law Enforcement Officer Safety Act".
Bob