Reserve Police Units: A Question

[BlueEagle]

Quick question. I am actually considering joining our local PD's reserve unit, because I would love the opportunity to give back to my community, and I think that I would enjoy the opportunity to take some of the training and courses that are available to police officers.

I was wondering something today though, and figured that the collective INGO hive-mind would have the answer.

In Indiana, police officers are allowed to carry handguns in more locations than typical LTCH-holders, (at least, as far as I know.) Does anybody have any idea if those benefits extend to reserve officers? Obviously it's not anything critical, but I was just thinking about it today, and got curious.

Thanks all!

 

[Cricket Tickler]

I lean towards the no on this question. As far as I know, reserves only have police authority when in uniform and acting in an official capacity. That leads me to believe, if you are in your civies, you have the same rights as your average LTCH person.

 

[KW730]

There was a thread about this exact question a few days ago although I can't seem to find it at the moment. But what I remember is that it all depends on exactly how your 'duties' are worded. If you have full police powers all the time (which one reserve officer chimed in as having) you fall under LEOSA and can carry nearly anywhere you please.

 

[GBuck]

Yes. A reserve police officer has the same certifications and take the same oath as a merit officer. They just don't get paid and serve at the pleasure of the Chief, Sheriff, etc.

 

[GBuck]

I lean towards the no on this question. As far as I know, reserves only have police authority when in uniform and acting in an official capacity. That leads me to believe, if you are in your civies, you have the same rights as your average LTCH person.

You're thinking of a "Special Deputy-Non County Employee".

 

[Bubbajms]

I was in on that thread as well - some departments have a policy that reserve officers/deputies are NOT to act as LEOs then they're off the clock. It's a fuzzy grey area with some departments, though if they openly tell you that you're only going to be supported by the department while you're on the clock, you probably wouldn't want to be the test case to find out how serious they are..

 

[in625shooter]

Short answer YES! As far as your question on reserves carring a CCW. Under LEOSA there is no reference to fulltime or reserve "Qualified Law Enforcement Officer" Yes Reserve Officers are covered.

Also on Statutory Powers of Arrest.
it doesn't matter is it is only on duty many agencies in other states and even some Federal Agencies only have arrest powers ON DUTY ONLY and they are covered

Requirements to be covered by the law
The original requirements of the 2004 Act were later amended by the Law Enforcement Officers Safety Act Improvements Act of 2010, which is included below.[2]
[edit] Meaning of "qualified law enforcement officer"


In order to be covered as a "qualified law enforcement officer", a person must meet every one of the following criteria, that is to say they must:[3]

1. an employee of a governmental agency,
2. be 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,
3. have statutory powers of arrest,
4. be authorized by the agency to carry a firearm,
5. not be the subject of any disciplinary action by the agency (which could result in suspension or loss of police powers),[2] and
6. meet standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm.

 

[GBuck]

Directly from HR218

`(c) As used in this section, the term `qualified law enforcement officer' means 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;
​

`(2) is authorized by the agency to carry a firearm;
​

`(3) is not the subject of any disciplinary action by the agency;
​

`(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.
​

It seems that a Reserve would fit these parameters.

 

[GBuck]

Scooped by 625shooter! That's happened to me twice today! (by diff people)

 

[Bubbajms]

If you're not paid, are you an employee though?

 

[Dwight]

KW730 and GBuck pretty much have it covered. I was a reserve deputy for 8 years and our department had 3 "levels" of reserve.

I was a fully road patrol qualified reserve deputy and we had full time 24/7 powers, therefore we had the same responsibilites and requirements as the paid merit deputies. That meant we carried wherever merit deputies carried.

The other "levels" included volunteers for traffic control/special events and they had no powers ever. Lastly, we had auxiliary which had powers only while on duty at the courthouse and special details.

Hope that is clear as mud! I would reach out to the agency you are interested in for a specific answer. Good Luck, it was a very rewarding time in my life and I only left because of a change in my paying job.

 

[in625shooter]

I lean towards the no on this question. As far as I know, reserves only have police authority when in uniform and acting in an official capacity. That leads me to believe, if you are in your civies, you have the same rights as your average LTCH person.

Actually if that is what you were told you were mis informed. Let me explain

Some agencies only have arrest powers while on duty (even some Federal agencies) and they are covered under LEOSA. The whole LEOSA law is mis understood A LOT. LEOSA does not give LEO's special arrest powers or anything like that. It just "allows" them to carry a firearms in all 50 states and US territories (across jurisdictions). The primairy reason is SAFTEY in the Law Enforcement Officers SAFETY Act Basically to save their skin if they are confronted by someone they have arrested etc. The second thought is it allows a trained resource for other Officers to be armed in the ares to "assist" uniformed Officers.

I am just explianing the LEOSA part as to LEO's so If you want to state opinions on why or why not Joe Public should be included or acknowledged by all states make another thread since that would be getting away for the OP's question and we know how that goes.

 

[GBuck]

If you're not paid, are you an employee though?

You show up where they tell you. You show up when they tell you. You show up in what clothes they tell you. You don't receive money, but get other benefits. Yes, you're an employee.

 

[in625shooter]

If you're not paid, are you an employee though?

Read my earlier post but Yes you are! LEOSA makes no determination as long as you meet ALL the requirements of a Govermental Agency.

That being said you could have statutory Powers of arrest but not required to carry firearms = not covered. Or you could carry firearms and no statutory powres of arrest only to detain suspects etc (think Military MP's etc) which = not covered'

 

[BlueEagle]

Very interesting! Thank you all for the great information! This does answer my question.

In speaking briefly with the Chief at the local station, he said several times that they treat their reserve officers "just like our full-time officers," but did not go into more details about it. I would think that that would mean that we would be given those powers 24/7, although I'll obviously check next time I go speak with them.

 

[in625shooter]

Very interesting! Thank you all for the great information! This does answer my question.

In speaking briefly with the Chief at the local station, he said several times that they treat their reserve officers "just like our full-time officers," but did not go into more details about it. I would think that that would mean that we would be given those powers 24/7, although I'll obviously check next time I go speak with them.

One thing you might wan t to "check into" If you are not "required" to carry off duty and get into an "incident" will your/the department cover you Legally in the event of a civil lawsuit???

I am covered by my Agency for anything that happens on duty within my scope of employment. However when off duty I have no powers of arrest and I am not required to carry off duty but do under LEOSA so if something goes south unless I can tie it to something from work I am on my own if it goes to a civil lawsuit. Just food for thought!

 

[karatejoe]

I was a reserve officer for 10 years on two different depst. I had police powers 24 hours a day and could carry my gun anywhere. You are restricted when entering a mental hospital or pysch ward. That goes for full time officer or reserve.
Its a huge committment and takes away alot of time from your family. Think it through before you commit.I live with a life time injury fom a car accident while on duty. Because I was an unpaid officer there was no insurance bennifitt for me. Something to think about.
Its not all training and cool badge. Its dangerous work.
I was IPD for 7 years and Lawrence police for 3 years.

 

[GBuck]

Most reserve officers now a days have insurance, for just the reason Karate mentioned..

Also, the whole point of HR218 (LEOSA) is to allow LEOs to defend themselves when off duty from some scumbag they may have locked up (or trampled all over's rights ).

 

[BlueEagle]

Yeah, I was wondering if the "employed by" clause would hinge on whether or not you were paid, but I'm going to trust IN625SHOOTER on that one, since he has experience with it.

Thanks for all the help everybody!

 

[pig957]

If you're not paid, are you an employee though?

Marion county paid us $5 a year (for insurance purposes in the 90's). Does that count as paid???