Accross State Lines

[muggy]

I am attempting to research a law, which allows law enforcement officers to carry a weapon across all jurisdictions within the US.

Does such a law exist? If so, where can I find it?

Also, is a constable considered a law enforcement officer under this rule?

In Pennsylvania, where I am, a constable is an officer of the court with many of the same powers as a police officer.

[Piggy]

Hr218.

You can read the text at this link:
http://www.leaa.org/218/218text.html

[mcsap]

IN PA , a constable has only a FEW powers of a police officer.

They CANNOT initiate an arrest on new charges. Meaning they can't write a traffic ticket, arrest someone for DUI, handle an accident investigation, handle a criminal investigation, take a report , drive an emergency vehicle etc.

They CAN arrest someone on a pre-existing warrant anywhere in the state, serve subpoeanas, transport prisoners to court and handle a "Sheriff Sale".

Also , in PA we have two different legal definitions of an "officer".

A Law Enforcement Officer has limited arrest and authority such as a Park Ranger, FIsh and Game Officer, Dept of Envoronmental Resources, Motor Carrier Enforcement.

A police officer has broad authority and arrest powers that typically include ALL of the abilities of the aforementioned Law Enforcement Offiers and of course the Criminal and Vehicle Laws. I can enforce the fish and hunting laws ( but choose to let the Game Wardens handle) , I could arrest for Park offenses ( but choose to let the Rangers have them) etc. I have enough to do with the "normal" 911 based duties then to measure fish !!

[Norm357]

SO, are constables covered under HR 218?

[mcsap]

SO, are constables covered under HR 218?

NO , because they do not have police powers. Some states ( Texas comes to mind) Constables have the same or similar authority as a police officer. PA constables are ELECTED officials who can be voted out of office. They have to pay for their training, equipment, uniforms, etc.

[MrMisterSU]

So last year when I was told that the local officers around here couldnt "technically" take their weapons in to Delaware... that isnt true anymore with HR 218? I remember talking to one of them who said.. "eveytime Im at the beach and heading north on route 1.... right before DE, I pull off.. take apart my weapon.. then continue on my way.. or atleast thats what I should do... *smirk* "

[mcsap]

Yes, until HR 218 was passed , the only state bordering PA where I could legally carry my off duty was Maryland !!

[tgis81]

NO , because they do not have police powers. Some states ( Texas comes to mind) Constables have the same or similar authority as a police officer. PA constables are ELECTED officials who can be voted out of office. They have to pay for their training, equipment, uniforms, etc.

In regards to constables:
Many people in Pennsylvania are misinformed of constables' powers. Actually, a constable has the same exact "on view" arrest power as any police officer (except for vehicle code) for a felony or "breach of peace". I don't quite understand where some people get their information on this subject, but if you care to look it up, you will find the answers in Pennsylvania Titles 13 (constables), 42 (Judiciary and Judicial Procedure), and some sections of title 18. Also, if you want to get technical, the constable is Pennsylvania's oldest Law Enforcement Officer (since 1664), and the police officers in this state got their original power of arrest by being named "ex-officio" constables... even the Pennsylvania State Police (when they were established in 1905).
Title 13 P.S. section 44 states that a constable may be directed to investigate violations by the court of quarter sessions. Title 13 P.S. section 45 states that a constable "shall and may, without warrant and upon view, arrest and commit for hearing any and all persons guilty of breach of peace, vagrancy, riotious or disorderly conduct or drunkenness, or may be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens, or violating any ordinances of said borough, for the violation of which a fine or penalty is imposed".
Also constables have statewide jurisdiction, no matter where they are elected or appointed (deputies are appointed by the elected constables).
thanks for reading! Any questions on constables are welcome... I'm always researching more.
Tony

[GoDirectly2Jail]

Well Tony, you've been a member here for a whole 3 and a half hours (with 1 post) and you've already managed to contradict a well-respected Police Sergeant in Pa. with over 11,000 posts here. :rolleyes:

Oh, and kudos for resurrecting a long-dead thread while you were at it. :rolleyes:

[FotoTomas]

Good information with attribution is always welcome. I remember looking up old threads when I first came on and enjoyed reading about this one.

I was curious my self about the Constables as well as the various patrol cars marked "Public Safety" I saw on a visit to Bushkill PA. They seemed to be law enforcement with red and blue lights but employed by the various resorts in the area. Very different from my normal stomping grounds.

[GoDirectly2Jail]

Good information with attribution is always welcome.

Absolutely, but bad information which may or may not be taken out of context from a new member with an undocumented posting history which directly contradicts a valued contributer (and verified police Sergeant with substantial knowledge of Pa. law) will always be suspect.

[FotoTomas]

Suspect is a term I use for all information I receive over public internet forums. length of service and post count do get my attention and lend credence to the information. In this case the attribution is a bonus and a simple search will prove or disprove the statements.

I did the search and read the statute. Based on my reading I would say it does grant PA Constables LE status under the Law Enforcement Officers Safety Act. I know that I would have no problem here in FL giving them a thumbs up if they were packing a firearm under LEOSA. ID Card and arrest authority Under PA Statute Title 13 section 45 meets the requirements in my book.

[Valor55]

Actually, a constable has the same exact "on view" arrest power as any police officer (except for vehicle code) for a felony or "breach of peace".

As do citizens in my state but they aren't covered by HR218.

[Norm357]

As do citizens in my state but they aren't covered by HR218.

Same here, in GA a Citizen has the same powers of arrest as a police officer. Hmmmm, gives me an idea for a challenge to HR 218. :D

[FotoTomas]

I also want to add that more research on several different official sites found similar information. Constables in PA have arrest authority for many crimes committed "in view" and authorized to carry firearms in the performance of their duties when "Certified".

The fact that they are "elected" has no bearing on their status. Sheriffs are elected as well as many others in other states. I as a reserve officer for a small town provide my own equipment and uniform. I volunteer my time as well. I am still certified and a Peace Officer under the state law as well as a Law Enforcement officer under LEOSA.

Of Course the full time job as a Veterans Affairs Police officer has me covered as well.

I would wager that tgis81 has a point and that mcsap may have misunderstood some of the laws of the state (PA) in regards to the Constabulary.

Of course politicians may well change it all in the next session.