Law Enforcement Carry

[Guest benchpresspower]

Ok, so I've been working for the state in TDOC for about 8 months now. I have heard about a carry permit that an employee can apply for through the department. I've heard that this is a Law Enforcement Carry permit and that you can carry where any LEO can but you can qualify only after 5 years or service. I don't know if that is true or not. Has anyone heard of such? I asked my Captain but they didn't know and they didn't have one.

[Dolomite_supafly]

Generally speaking in order for you to carry a firearm you need to be ceritfied to do so within your department or have a HCP.

Another thing to consider is department policy regarding HCP while in uniform. Some departments go crazy if they haven't certified you and you decide to carry your weapon while in uniform.

From the sounds of it you are going to have to apply for and get a HCP. Then once oyu have that you are probably going to be limited to only being able to carry while not in uniform.

Dolomite

[quietguy]

I remember hearing something similar a few years ago, but doubt that is still the case. I believe that you now have to meet the POST requirement to gain status.

[johnnychimpo]

It doesn't exist.

This may be the answer to your question here.

TCA 39-17-1315

[Pain103]

TDOC employees who are vested "5 years" can qualify and carry a firearm like an LEO with permission from the commissioner.

[johnnychimpo]

Here is all I could find on TDOC carrying firearms:

4-3-609. Exercise of police powers by employees.

(a) Those employees of the department of correction as the commissioner shall designate who have been trained in the use of firearms are vested with the powers and authority of peace officers, including the power to carry weapons, and shall exercise such powers and authority only:

(1) While on the grounds of the institutions under the supervision of the department;

(2) While transporting inmates between institutions;

(3) While pursuing escapees from such institutions; or

(4) While aiding local law enforcement officials in the search and apprehension of escapees.

( (1) Subject to the written directive of the commissioner, persons employed by the department of correction as an internal affairs special agent or as an internal affairs director who have successfully completed firearms qualification training shall have the authority to carry weapons for the purposes of their offices and while in the performance of their assigned duties, including, but not limited to, conducting authorized investigations and assisting federal, state and local law enforcement in matters relating to the duties and responsibilities of the department. The required firearms qualification training for internal affairs agents and directors shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by an instructor with certification from the Tennessee correction academy's firearms instructor program or from a police firearms instructor training program conducted or sanctioned by the federal bureau of investigation or the National Rifle Association. Successful completion of training shall include demonstration of proficiency of at least seventy percent (70%) both during day and darkness on all weapons issued or authorized by the department of correction, and proficiency of at least seventy percent (70%) on a stress-exertion course, both day and night, which has a laterally moving target.

(2) Persons employed by the department of correction as internal affairs special agents or as an internal affairs director shall have the full power to administer oaths and take oral and written statements.

© The commissioner shall also establish internal procedures concerning appropriate exercise of the powers vested by this section.

Acts 1980, ch. 485, § 1; 1985, ch. 10, § 1; 2002, ch. 525, § 1; 2009, ch. 191, § 1.

Edited April 21, 2011 by johnnychimpo

[Pain103]

They may have changed it since last I heard. They at one time allowed a TDOC employee with 5 years qualify and carry a firearm with a authorization from the commissioner or warden if I remember correctly.

[East_TN_Patriot]

If you carry on a CCW, just be aware that your agency will likely not back you in an official capacity if you act "under color of law" as a corrections officer. In other words, if you decide to carry under a regular CCW permit rather than any sort of TDOC authorization, you are basically no different than a civilian if involved in a shooting. Just something to consider.

[Grunt67]

If you carry on a CCW, just be aware that your agency will likely not back you in an official capacity if you act "under color of law" as a corrections officer. In other words, if you decide to carry under a regular CCW permit rather than any sort of TDOC authorization, you are basically no different than a civilian if involved in a shooting. Just something to consider.

True. If you are allowed by a law enf. agency, & follow Dept. policy, they will cover

you. Other than that, you're on your own. At least that's my Dept. policy, and

others that I know of.

Laws sometimes change...policy sometimes change. Be "certain" you know what they

are as it relates to you. Ignorance can be a killer in court.

[quietguy]

I would suggest that you contact the legal counsel for TDOC. From my conversations with legislators, their intent is that anyone granted LEO/PO status should be POST certified. There may be a long-standing department policy that is contrary to this intent.

Regarding actions under a HCP, this could present some interesting legal questions. I am not an attorney, and would not presume to issue legal advice or opinion. I wouldn't what to speculate, but I could see potential scenarios where your responsibilities as an "agent of the State" contradict/coincide with your rights has a HCP holder.

[Cpl Maki]

T.C.A. 39-17-1350 is the state law you are trying to find. You need to write to the TN Secretary of State and request an application. Once you fill out the application and send it in, if you qualify, SecState will send you a State of Tennessee Correctional Officer Firearm State ID Card. I have one. 

Edited March 21, 2017 by Cpl Maki

[DaveTN]

I would want to know both the law and see the written Department Policy on this. Department policy isn’t the law and can’t protect you from criminal charges. (Although I doubt written Department policy for TDOC violates the law)

[300winmag]

Prison guards that receive the card from the TN Secretary of State can carry handguns anywhere that off duty police officers can carry, which is pretty much everywhere.  It is in 39-17-1350.

[Luap]

Original started near 6 years ago.  Ya'll think  benchpresspower still look'n.  Just say'n.....