HR218 and the USCG???????

[Norm357]

Now that the Coast Guard is no longer Military but DHS do they fall under the requirements for nationwide CCW? Looking over the law I think they do. What say yall?

[ngcsubutterbar]

I don't know I'm still trying to get a straight answer about carrying on federal or military land, including those 'semi soverign' Indian Nations, and the US' non -States, but still controlled (DC, the islands and holdings the US has power over, etc) I still can't find the nit picking details.

[Puddle Pirate]

If i'm allowed to drop me .02 here, I'd like to offer a little bit of info on this topic:

Currently, 14 USC 89 (a) gives the CG basic law enforcement authority. That applies to members that are E-4 and above basically, at least that's what the law says. Under 14 USC 89 here's the types of enforcement options we have:
Search
Examine
Arrest
Seize
Inspect
Inquire
There is also another law that gives law enforcement certified folks in the CG the same authority Customs officers have.

Currently there are two different levels of "qualification." I really can't get into specifics here, but the two levels are
"Team member" and
"Officer" ... Officer is the higher qualification and the person responsible for the law enforcement operation. The Team member can be anyone in the CG (read E-1 on up).

I would argue that anyone that is Boarding Officer qualified meets the requirements of this law. There is a big discussion on a different forum board about this very topic, with varying answers. However, if you read the law, it's pretty black and white about who's eligible.

If I need to explain anything further to give us "Coasties" a fair shake at eligibility to this law, let me know and I'll do my best.

[Metallic4]

Puddle Pirate,
Are you a Coastie? I'm thinking about visiting a CG recruiter soon.
Also, I thought that CG boarding team members were deputized FLEO's (federal law enforcement officers)?

[Puddle Pirate]

Puddle Pirate,
Are you a Coastie? I'm thinking about visiting a CG recruiter soon.
Also, I thought that CG boarding team members were deputized FLEO's (federal law enforcement officers)?

Metallic,

The CG are Federal LEO's, but not deputized. The deputization that I think you are referring too is for waterfront facilities, and basically a temporary thing we worked out w/ the USMS service until we can either get a change in a law (giving us a little broaded authority) or until time change for the better.
As it stands right now, our l/e authority basically stops when we touch land, unless it's back at the CG station ;).

If you have any more detailed questions, let me know in a pm or post here and I'll get back to you ASAP.

[mcsap]

I would say that the CG is not included in HR 218. I have arrest powers off duty, do they ? I can carry concealed off duty anywhere in my state , can they ? I don't think that they can say yes to either.

My .02

[ronin178]

That's an interesting question. As a former Coastie(and BTM), I know that we only carried as an official function of our duties. Basically a peace officer. Something along the lines of a Corrections Officer who carries to transport prisoners, but no where else...Peace Officer, not Police Officer. Certainly a good question to ask the Command Master Chief of your district though.

[Joeyd6]

I asked the Coasties here in NY today about this. They stated they they do not have powers off-duty and are not covered by 218. They stated they were all sat down and told such by the CO's.

[Puddle Pirate]

All interesting responses keep them coming. Here the SO is under the opinion we are covered.

Unless I missed it somewhere, I don't see where the law states you have to have "off-duty" powers of arrest.

[Group9]

There are going to have to be some CFR's or something come out to go with HR218. It is a good statute that was written a little vaguely in certain areas. I can see a valid argument that the Coast Guard officers who are carrying weapons and making arrests would be considered LEO's under HR218.

They are making these arrests of federal laws while part of the largest federal law enforcement agency, the Department of Homeland Security. You can't say that they are only detaining someone they hold for two or three days before turning them over for prosecution. They are arresting them.

I may turn out to be wrong, but my instinct tells me they could very well end up being covered if DHS wants it to happen and supports it, or at least doesn't oppose it.

[Joeyd6]

Today I met some coasties from Boston...here in the NY area. They state they were told they WERE covered under it. This got some of teh NY coasties I spoke with yesterday all fired up! I think I started a problem for them and thier supervisors.

[Norm357]

Till the USCG brass comes up with some definite guidelines, this is going to be a sticky issue.