Georgia LEO carry in TN

[Guest archerdr1]

I met a guy at work that was wearing an empty holster. I told him that he was ok to carry in our store. He said that he was told in GA that LEO could not carry in Tennessee unless they have a GA permit. He is a probation officer for GA Corrections and can carry in GA, but not in TN. Does anyone know if that is true? I told him that I would ask some people and find out and email him.

[Guest archerdr1]

oh, and yes our store is technically in GA, but you have to go through East Ridge to get into our property.

[Guest FroggyOne2]

Under the Federal Law Enforcement Officers Safetly Act.. He can carry.

[Guest archerdr1]

that is what I thought. Thanks!

[Guest 270win]

TN has some sort of state law that allows certified LEO's to carry off duty in TN if the other state does the same for TN officers. I know that Arkansas does this for TN and TN does the same for AR. TN LEO's can carry anywhere they want off duty in AR. Georgia probably has some sort of law that allows TN LEO's to carry off duty in GA on their badge...which would in turn allow GA LEO's to do the same here.

Someone else mentioned the fed law and that should work too.

[Fallguy]

Yep LEOSA on the books for nearly 6 years now.

Law Enforcement Officers Safety Act - Wikipedia, the free encyclopedia

[Guest archerdr1]

thanks guys. He will be happy to hear that!

[Guest archerdr1]

I told him that the only one that should be wearing an empty holster in my store is me, and that is only b/c we are prohibited from carrying at work.

[kb4ns]

I agree with the above statements, but I will add one thing. There is a lot of debate over whether or not a department can restrict their LEOs under HR22 (LEOSA). One of the requirements to fall under a "qualified officer" in the LEOSA is "authorized by the agency to carry a firearm". I've heard it argued that the CLEO can restrict the ability of an officer to carry outside of duty hours (which I've seen done with the reserve officers in some small towns - they had to get a HCP to carry off-duty) and that would preclude the officer from coverage as a "qualified officer" under the LEOSA. I've also heard that if an officer is authorized by the agency to carry a firearm at any time, they are included. Regardless, if his agency told him no, he might be following their rules to keep from making waves.

Also, to be a "qualified officer" under LEOSA, you have to have "statutory powers of arrest". Do probation officers in GA have arrest powers? I would think they do, but they may not. I have no knowledge of GA law.

[kb4ns]

Oh, and TCA 39-17-1308 is the state law that covers out-of-state officers (although it is really unnecessary now that the LEOSA exists).

TCA 39-17-1308

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and the provisions of this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.

[BlackHawk93]

Seems like the biggest concern would be whether TN considers a GA Probation Officer a LEO. never know about TN.

Edited May 2, 2010 by BlackHawk93

[Oh Shoot]

Seems like the biggest concern would be whether TN considers a GA Probation Officer a LEO. never know about TN.

Seems like to me one's status under LEOSA is as least as pertinent as what TN thinks of it, and would take precedence if LEOSA allows it but TN doesn't.

- OS

Edited May 2, 2010 by OhShoot

[Fallguy]

I missed that he was a probation officer...went by LEO in the title.

A PO very well may not be considered a LEO in GA, TN or under LEOSA

[BlackHawk93]

My thoughts exactly Fallguy

[Guest 270win]

Are probation/parole officers in TN not considered LEO's? I know in Arkansas they carry on duty...and can carry anywhere they want off duty just like any other police officer in the state. They have the full arrest powers too. When I lived in Arkansas, they were issued Sig 229 40 cal pistols. I have no idea if they switched over to Glocks when the State Police switched from Sig 229 40 cals to Glocks.

[kb4ns]

Seems like the biggest concern would be whether TN considers a GA Probation Officer a LEO. never know about TN.

It wouldn't matter what TN thinks. Your official title can be "Georgia Hot Dog Inspector", as long as you meet the requirements of LEOSA.

Are probation/parole officers in TN not considered LEO's? I know in Arkansas they carry on duty...and can carry anywhere they want off duty just like any other police officer in the state. They have the full arrest powers too. When I lived in Arkansas, they were issued Sig 229 40 cal pistols. I have no idea if they switched over to Glocks when the State Police switched from Sig 229 40 cals to Glocks.

I am not sure about probation officers here. I think some of them around here have a special deputy commission and carry under a written directive from the CLEO. I'm not sure if the Sheriff allows carry off-duty. Another example of this is the FedEx security at the hub here in Memphis. They all have special deputy commissions, but on the back of their commission card it states "Valid during duty hours only".

[Guest 270win]

I had no idea that the FedEx security guards in Memphis are special deputies. I thought they were typical security guards licensed by the state. Why are they deputized by Shelby County if they are already licensed armed guards? Is that so they also have 'arrest' powers?

Probation officers in Arkansas are hired by the state, so they have their powers from the state penitentiary system. They are not deputized by a county sheriff to be armed. They are set up similar to the state police and have statewide jurisdiction. I would not want their job because they chase down and arrest some bad guys. I am glad they are armed 24/7 with Sig 229's.

[BlackHawk93]

It wouldn't matter what TN thinks.

I am not sure about probation officers here. I'm not sure if the Sheriff allows carry off-duty.

Sounds to me like it does matter what Tn thinks. Or at least those who enforce the laws here. It would be them who might be enforcing what they think is right.

[DaveTN]

The term “LEO†is used fast and loose in many cases. I will use Illinois as an example and maybe someone can fill us in on Tennessee. In Illinois if you are a Police Officer you are certified by the state… period. If you do not have that certification you are not a Police Officer. If you do have that certification you have Police powers anywhere in the state. Probation Officers may or may not be Police Officers. Some Counties send them to the Police Academy and they have full Police powers and some do not. State Corrections Officers are not Police Officers. Some are licensed by the state to carry; most are not.

In order to be covered by LEOSA and exempt from state firearm carry laws the Officer has requirements under the act that he or his agency must meet. If the Officer doesn’t know if he is covered; there is a good chance he is not.

A phone call to his supervisor should answer any questions he has.

[Guest archerdr1]

I emailed him and told him to check with his supervisor. he is licensed by the state to carry and can carry off duty in the state of GA so he doesn't need a permit there. he has arrest powers in the state of GA.

[jaysouth]

A couple of months ago, I had an interesting conversation with a TN probation officer hanging out at Eastside. He said that he is not allowed to carry a gun ON duty be it openly or concealed.

I am glad he likes his job, I would not.

[kb4ns]

Sounds to me like it does matter what Tn thinks. Or at least those who enforce the laws here. It would be them who might be enforcing what they think is right.

If someone meets the requirements of the LEOSA, they're covered. Federal law preempts local or state law.

In order to be covered by LEOSA and exempt from state firearm carry laws the Officer has requirements under the act that he or his agency must meet. If the Officer doesn’t know if he is covered; there is a good chance he is not.

A phone call to his supervisor should answer any questions he has.

Well said.

[kb4ns]

I had no idea that the FedEx security guards in Memphis are special deputies. I thought they were typical security guards licensed by the state. Why are they deputized by Shelby County if they are already licensed armed guards? Is that so they also have 'arrest' powers?

I have no idea. It has been that way for a loooong time. Under Sheriff Gilless, they had a commission that was good at all times. After Lutrell took office, it came with a "valid duty hours only" stipulation. The only thing I can figure is it may have something to do with working at the airport (the main hub)??? I dunno.