HR218 - Reserve Officers

[td3201]

Hello,

I did a search for this here and didn't find much, sorry if I am duplicating things.

I am a reserve/special deputy for a sheriff's office in Iowa. Recently, HR218 came up at a meeting. I am wondering if anyone has gotten word on how HR218 affects reserve law enforcement. From the lingo I read, I do not see why not. We are employees of the state, we are qualified to carry a firearm in that we are trained and forced to qualify to the same standards as full time deputies.

Has anyone gotten an official word from someone important, ie, county/state attorney general.

Thanks!

[Johninaustin]

We don't have reserve officers, so I haven't paid much attention to it, but I'm pretty sure you are not covered. City legal has made the existence and participation of a pension plan/full time paid status as the defining factor.

[Kimble]

I am a reserve/special deputy for a sheriff's office in Iowa.

Just a quick question for you, are "reserve deputies" and "special deputies" not different with your department, or are you both? At our department a reserve deputy is a sworn LEO position that works on a part-time basis (usually because the reserve has a full-time job elsewhere) and a "special deputy" is simply someone who is a buddy of the current sheriff and gets a commission card, but is non-sworn and has no arrest authority (outside of a citizen's arrest).

[td3201]

Exactly, the only lingo that I did not like in the bill was:
"As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--"

I think we, in our county, are considered employees based on this legislation:
http://www.legis.state.ia.us/IACODE/2003/80D/11.html

However, this code is dated 2003, which is before the HR218 bill. Still lots of concerns.

[td3201]

Our title is special deputy. We are sworn in peace officers of the state and vested the same powers as regular deputies while on duty. We are also paid employees, technically.

[tpd_six]

I think it would depend on exactly how the "Special deputies" are classified in your own state and what your department policy allows as far as having peace officer status. It would be something to ask your state POST or certification entity.

[Ranger__101]

If IA is very simular to Minnesota regarding their Part Time Officers and Special Deputies the area that I see HR 218 not applying would be it is considered a part-time job and you would not be in a bennefit earning full time position.

Now if some one rules that part time officers do count for HR 218, there is nothing to stop an agency from having rules to prevent you from carrying off duty. Very simply HR 218 allows officers to carry off duty but the local level can make restrictions that are stricted than the federal law.

[Kimble]

Our title is special deputy. We are sworn in peace officers of the state and vested the same powers as regular deputies while on duty. We are also paid employees, technically.

WHAT?!? PAID as a reserve? I'm moving tomorrow :D .

[td3201]

lol $1 a year. Required by law.

[td3201]

If IA is very simular to Minnesota regarding their Part Time Officers and Special Deputies the area that I see HR 218 not applying would be it is considered a part-time job and you would not be in a bennefit earning full time position.

Now if some one rules that part time officers do count for HR 218, there is nothing to stop an agency from having rules to prevent you from carrying off duty. Very simply HR 218 allows officers to carry off duty but the local level can make restrictions that are stricted than the federal law.

The section 2 title pretty much answers your concern:

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

weapon laws regarding concealed carry do not exist in IA/NE at the local level, only state.

[Kimble]

lol $1 a year. Required by law.

That's still $1.00 a year more than the reserves at my department are paid :D .

[121Traffic]

ROS, are you guys not eligible for OD details? We are...that's good bank, my friend. :D

[Kimble]

ROS, are you guys not eligible for OD details? We are...that's good bank, my friend. :D

Not that I'm aware of, though maybe I should ask around... a little extra money never hurt anyone :D

[JustMe25]

Hello,

I did a search for this here and didn't find much, sorry if I am duplicating things.

I am a reserve/special deputy for a sheriff's office in Iowa. Recently, HR218 came up at a meeting. I am wondering if anyone has gotten word on how HR218 affects reserve law enforcement. From the lingo I read, I do not see why not. We are employees of the state, we are qualified to carry a firearm in that we are trained and forced to qualify to the same standards as full time deputies.

Has anyone gotten an official word from someone important, ie, county/state attorney general.

Thanks!

In State of Iowa, Reserve Deputy/Officer, doesn't have arrest powers unless THEY are WITH full time LEO. And we dont get paid either, its volunteer position. (Those are the rules for my county which is also in IA)

[P01IC3M4N]

the reserve job i had considered us non-paid employees. we were covered by that agency under worker's comp, had death benefits, and we were carried as state licensed, municipally commissioned peace officers. we were required to pass the same entrance requirements and meet the same hiring standards as paid officers. when i left, i resigned. why all the effort if you're not going to be considered an employee?

Texas doesn't really make any distinctions between full status reserves and full-timers. the license is the same. while we really don't have a reserve force at my current department, outside of the ex-full-timer who went to FD, but they are carried as non-paid regular officers.

there was a reserve commission that only required half the general academy hours, but i don't think they offer it anymore.