Law Enforcement Officers Safety Act (LEOSA)

From SOWIKI
Jump to: navigation, search
Starsmall.jpg
This directive is for internal use only and does not enlarge an employee’s civil liability in any way. The directive should not be construed as creating a higher duty of care, in an evidentiary sense, with respect to third party civil claims against employees. Violations of this directive, if proven, can only form the basis of a complaint by the San Juan County Sheriff’s Office for non-judicial administrative action in accordance with the rules and laws governing employee discipline.
DIRECTIVE TYPE: POLICY SUBJECT: Law Enforcement Officers Safety Act NUMBER: ADMN-114.00
APPROVED BY: Sheriff Ken Christesen EFFECTIVE DATE: 11/9/2014
NMLEA STANDARDS: Not Applicable LAST MODIFIED: 11/5/2014 LAST REVIEW: 6/28/2017


PURPOSE:


The Law Enforcement Officers Safety Act (LEOSA) permits the carrying of concealed handguns by qualified current and retired law enforcement officers and exempts qualified current and retired law enforcement officers from certain state and local laws prohibiting the carrying of concealed firearms. The purpose of this policy is to establish written guidelines outlining the parameters of nationwide carrying of concealed firearms by current and retired San Juan County Sheriff’s Deputies as well as establishing guidelines for the issuance of Retired Deputy Identification Cards and firearms qualifications of retired law enforcement officers from outside agencies.


POLICY:


The San Juan County Sheriff’s Office recognizes the benefits of the Law Enforcement Officers Safety Act in regards to citizen and deputy safety. It is the policy of the San Juan County Sheriff’s Office to comply with the Law Enforcement Officers Safety Act (LEOSA), codified as 18 U.S. Code §926B and §926C, by adhering to the following conditions and provisions.


DEFINITIONS:


The following definitions will apply for the purposes of this policy:


  • Qualified Deputy – An employee of the San Juan County Sheriff’s Office who meets all of the following criteria:
  • 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;
  • is authorized by the Sheriff’s Office to carry a firearm;
  • is not the subject of any disciplinary action by the Sheriff’s Office which could result in suspension or loss of police powers;
  • meets the minimum firearms qualification standards as set by the New Mexico Department of Public Safety and SJCSO policy;
  • is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
  • is not prohibited by Federal law from receiving a firearm.


  • Qualified Retired Deputy – A retired San Juan County Sheriff’s Office employee who meets all of the following criteria:
  • separated in good standing from service with the Sheriff’s Office as a law enforcement officer, and other than for reasons of mental instability;
  • continues, after separation from the Sheriff’s Office, to abide by the Law Enforcement code of ethics;
  • 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;
  • before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or separated from service with the Sheriff’s Office, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by the Sheriff’s Office;
  • 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 San Juan County Sheriff’s Office;
  • has not been officially found by a qualified medical professional employed by the Sheriff’s Office to be unqualified for reasons relating to mental health; or
  • has not entered into an agreement with the Sheriff’s Office from in which the individual acknowledges he or she is not qualified under this section for reasons relating to mental health;
  • is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
  • is not prohibited by Federal law from receiving a firearm.


  • Good Standing – At the time of retirement or separation, the deputy was not facing disciplinary action that could have resulted in his or her termination for misconduct or unfitness for duty.


  • Mental Instability – The deputy either was medically separated for mental instability or, at the time of a years-of-service or disability retirement, the deputy was facing removal for reasons of mental instability.


PROCEDURE:


CARRYING OF CONCEALED FIREARMS BY DEPUTIES


A San Juan County Sheriff’s Deputy who meets all of the qualifications of a “qualified deputy” may carry, while off-duty, a concealed firearm nationwide without a state-issued concealed weapons license. Carrying a concealed firearm can occur only while in possession of a valid photographic identification card issued by the San Juan County Sheriff’s Office and authorized by the San Juan County Sheriff.


San Juan County Sheriff’s Deputies carrying a concealed firearm off-duty and under the restrictions of this policy and the LEOSA must:

  • abide by any applicable Sheriff’s Office policy regarding firearms, use of force, personally owned firearm(s) authorization and approval, and notifications.
  • abide by any prohibitions and/or restrictions regarding the possession of concealed firearms on private property; and
  • abide by any prohibitions and/or restrictions regarding the possession of concealed firearms on any state or local government property, installation, building, base, or park.


Explicitly prohibited is the carrying of any fully-automatic firearm, firearm silencer, and/or any destructive device (e.g., explosives).


RETIRED DEPUTY IDENTIFICATION CARD ELIGIBILITY & ISSUANCE


Only those who meet all of the criteria of a qualified retired deputy as outlined in this policy will be eligible to receive a Retired Deputy Identification Card.


When requested, interpretative guidance regarding eligibility will be provided, on a case-by-case basis, by the San Juan County Legal Department.


RESTRICTIONS


The issuance and possession of a Retired Deputy Identification Card does not indicate current employment with the San Juan County Sheriff’s Office nor status as a commissioned and/or certified peace officer.


Retired Deputy Identification Cards are solely for the purpose of satisfying the LEOSA requirements and shall, at no time, be used to obtain or attempt to obtain gratuities, discounted services, “professional courtesies”, or in any other manner outside the guidelines of this policy.


REVOCATION


The San Juan County Sheriff’s Office reserves the right to revoke a Retired Deputy Identification Card in the event that the issuance of such is not in the best interests of the community or the Sheriff’s Office. Reasons for revocation include, but are not limited to:

  • Violation of, or the inability to comply with, any part of San Juan County Sheriff’s Office policy ADMN-114.00 “Law Enforcement Officer Safety Act”`;
  • Becoming legally ineligible to receive, possess, or use a firearm;
  • Committing any act or violating any law that demonstrates a lack of good moral character; and
  • Inability to comply with the qualifications listed in the New Mexico Concealed Handgun Carry Act: Section 29-19-4 (A)(4) – (B)(4) NMSA 1978.


To ensure policy and law compliance an NCIC check will be completed prior to issuing or reissuing a Retired Deputy Identification Card and annually on all possessors of Retired Deputy Identification Cards. Discoveries of information that would violate this policy will result in the immediate revocation of the Retired Deputy Identification Card.


RETIRED DEPUTY FIREARMS QUALIFICATION


The Sheriff’s Office will schedule at least one period each year for retired deputies to qualify. Prior to each annual qualification, a liability and release waiver must be signed and returned to the Sheriff’s Office.


Qualified retired deputies administered a qualification course by the Sheriff’s Office for LEOSA purposes will be required to successfully pass the active duty standard for concealed carry firearms as indicated in the Sheriff’s Office Firearms Policy.


Qualified retired deputies will be given three consecutive attempts to pass the qualification course at the minimum passing score. Personal instruction from a firearms instructor is recommended after a first and second failure. If a retired deputy fails on the third attempt, he or she must provide proof of remedial training before making another attempt. Remedial training must be a minimum of two hours in length and be provided by a qualified instructor. Expenses associated with remedial training are the sole responsibility of the retired deputy.


Qualified retired deputies may attempt to and qualify with two different firearm types – semi-automatic and revolver. Only the type(s) successfully qualified with will be documented for concealed carry.


Qualified retired deputies must provide the following for qualifications:

  • Serviceable handgun(s), either a revolver or semi-automatic capable of being loaded with five or more rounds.
  • Factory loaded ammunition of the correct caliber for the handgun. The Sheriff’s Office will not provide ammunition.
  • Safe and secure holster.
  • Eye and ear protection.


Once a successful qualification has been achieved, the Sheriff’s Office will issue proof of qualification which will be provided to the retired deputy to allow compliance with LEOSA. This proof of qualification is valid for one year from the date of issue.


Yearly documentation of all retired deputy qualifications will maintained by the Sheriff’s Office. This shall include names, qualification dates, course of fire, score(s), make, model, caliber, and serial number of firearm(s) utilized, and the instructor’s name.


CARRYING OF CONCEALED FIREARMS BY RETIRED DEPUTIES


A retired San Juan County Sheriff’s Deputy who meets all of the qualifications of a “qualified retired deputy” may carry a concealed firearm nationwide without a state-issued concealed weapons license.


Carrying a concealed firearm can occur only while in possession of a valid photographic identification card with current proof of qualification issued by the San Juan County Sheriff’s Office and authorized by the San Juan County Sheriff.


Retired San Juan County Sheriff’s Deputies carrying a concealed firearm under the restrictions of this policy and the Law Enforcement Officers Safety Act must abide by:

  • any prohibitions and/or restrictions regarding the possession of concealed firearms on private property; and
  • any prohibitions and/or restrictions regarding the possession of concealed firearms on any state or local government property, installation, building, base, or park.


Explicitly prohibited is the carrying of any fully-automatic firearm, firearm silencer, and/or any destructive device (e.g., explosives).


OUT-OF-STATE REQUESTS


Upon request, qualified retired deputies of the San Juan County Sheriff’s Office who do not reside in this state, will be sent a retirement identification card by mail.


A standardized identification card request for out-of-state retired deputies has been developed and is maintained by the Sheriff’s Office. Included in this request is an acknowledgement that must be signed and returned prior to issuing the identification card. This form is included as an attachment to this policy.


Qualified retired deputies who reside out-of-state and who receive the Retired Deputy Identification Card are still required to meet the standards for qualification for active peace officers in their primary state of residence. To maintain compliance with the LEOSA, retired deputies should obtain proof of current qualification from their primary state of residence to present with their identification card.


RETIRED DEPUTIES FROM OUTSIDE AGENCIES


In the event a retired deputy or officer from an agency other than the San Juan County Sheriff’s Office requests to be qualified for the purposes of LEOSA, the following conditions must be met prior to qualification:

  • Possession of a valid, photographic identification card issued by the agency from which the individual separated from service as a law enforcement officer from.
  • Provide contact information of the agency from which the individual separated from service as a law enforcement officer from for verification of “good standing” status.
  • Complete a waiver form and policy acknowledgement.
  • Submit to a criminal history check.


Any costs associated with the verification and qualification process are the sole responsibility of the retired deputy. A standardized qualification request has been developed and is maintained by the Sheriff’s Office. This form is included as an attachment to this policy.


RESERVE DEPUTIES


New Mexico Statute 4-41-10.1 only authorizes “fully certified sheriffs and full-time certified deputy sheriffs” to carry concealed firearms. The provisions of this policy and the LEOSA do not apply to non-certified Reserve and/or Special Deputies. The Sheriff’s Office strongly encourages Reserve and/or Special Deputies to obtain a New Mexico Concealed Handgun Carry Permit and abide by all reciprocity agreements amongst the states.


ADMINISTRATIVE:


TRAINING


Any retired deputy who, under the provisions of the LEOSA, is issued a Retired Deputy Identification Card must acknowledge receipt and understanding of SJCSO Policy ADMN-114.00 “Law Enforcement Officer Safety Act”. This acknowledgement should be completed upon initial issuance and any reissuance thereafter. Records relating to this acknowledgement will be maintained by the Sheriff’s Office.


Updated training and information dissemination will be conducted by the Sheriff’s Office upon any changes to applicable policy and/or pertinent state and federal laws.


CROSS REFERENCES:


  1. Law Enforcement Officers Safety Act [18 U.S. Code §926B and §926C]
  2. New Mexico Concealed Handgun Carry Act [29-19-4 (A)(4) – (B)(4) NMSA 1978]
  3. Right to Carry Concealed Arms [4-41-10.1 NMSA 1978]
  4. SJCSO Policy OPER-303.00 “Firearms Policy”