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For those interested in LEOSA
Last Post 22 Mar 2016 12:07 PM by rjgallardo. 12 Replies.
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TheLurker22User is Offline
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TheLurker22

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29 Jan 2014 09:16 PM
    https://www.change.org/petitions/congress-add-language-to-the-law-enforcement-officer-safety-act-leosa-specifically-recognizing-us-coast-guard-boarding-officers-and-boarding-team-members-as-qualified-law-enforcement-officers


    I'm not 100% convinced that petitions actually mean anything or that anything will come out of it....but at least there's something out there to gain attention to the fact that Coasties need coverage under law that every other LEO out there is covered for.  This may bring about changes to our CAC ID where BTM's and BO's have that specifically marked on their ID (and have to have it updated every year).  Either way, I'm sure there's at least 5000 people on this site alone that at least get the word out.  If not for yourself, do it for your fellow Coastie that may rely on this someday due to restrictions on ability to get a conceal carry by their local government. 


    ME2 Lehr


    PS....yes, I know that past court rulings have held that USCG is covered by it.  But there also has been court costs and time wasted getting the courts to rule that way.  If it's specifically in the language and specifically on our ID's, then that time wasted in court can be better spent on duty or teaching others at the unit (or even spending time with family). 

    And there's also this article to consider: http://www.policemag.com/channel/we...o-you.aspx       

    "As members of the Coast Guard, both Booth and Diaz qualified for LEOSA prior to a recent amendment to the statute. With the http://www.policemag.com/channel/we...o-you.aspx#">new language, however, they likely do not.

    On Jan. 2, 2013, LEOSA was amended to specifically allow for active and "retired" (as defined by LEOSA) military and DOD police and law enforcement officers with UCMJ (Uniform Code of Military Justice) apprehension authority to qualify for the statute; however, also hidden within the amendment was language mandating that all QLEOs now carry a photographic ID that "identifies the employee as a police or law enforcement officer of the agency," and that QRLEOs carry a photographic ID "that identifies the person as having been employed as a police or law enforcement officer."

    The DOD has not amended its own policy on LEOSA, DODI 5525.12, resulting in an inability for many that are now able to qualify, and those that previously did, to obtain the requisite photographic identification card. A standard CAC or blue retiree card will not work for LEOSA purposes, as the photographic ID needed to identify the individual as either being actively or having once been employed as a police or law enforcement officer of the agency."


    So, any thoughts from all the wonderful folks around our little water cooler?


    jond36User is Offline
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    jond36

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    31 Jan 2014 08:33 PM
    It would especially help me. When I get ME, I will be commuting 2 hours in California which is crazy about gun laws. I am trying to get a ccw now to cover myself, but what a nightmare in CA.
    GearsUser is Offline
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    Gears

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    31 Jan 2014 09:14 PM
    I wouldn't put my career at risk depending on LEOSA to protect me. I'd have to dig into the MLEM, it's been awhile, but if I remember right we're only LE officers when we're BO qualified and engaging in LE missions. Correct me if I'm wrong.
    “I’m not in this world to live up to your expectations and you’re not in this world to live up to mine.” ― Bruce Lee
    TheLurker22User is Offline
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    02 Feb 2014 10:49 AM
    I would worry less about your career at risk and more about you and your family if you're running into people you recently arrested while off duty. I'm sure Coasties that are BO qualified live in areas that are particularly difficult to get a CCW. I'm sure that those same Coasties may have the chance to run into someone they recently arrested when they're out alone or with their families. Why wouldn't we amend LEOSA to particularly include BO qualified Coasties (and maybe even BTM's since civilians can't tell the difference)? LEOSA was meant to protect those with arrest responsibilities when they're not on duty out in public. Since BO's have arrest powers (and BTM's participate in the arrest process), they should be covered....period. It's funny how we're the premier Law Enforcement organization on a federal level but don't receive the same protection under federal law.

    There are 2 things likely standing in the way of this, however. One, it places liability on the Coast Guard for their training of BO's and BTM's if they are involved in a shooting while off-duty (whether a good or bad shoot, collateral damages if any, etc). Two, once you're BO/BTM qualified, you would have to have a designator on your CAC ID in order to comply under LEOSA. That would be a lot of money re-designing where that would fit in on the current design of ID's. I would bet that the former rather than the latter holds more weight in this decision.

    Cliche but true; I would rather be tried by 12 than carried by 6.
    TheLurker22User is Offline
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    TheLurker22

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    02 Feb 2014 10:49 AM
    Double post....my apologies.
    GearsUser is Offline
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    Gears

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    02 Feb 2014 11:42 AM
    We have arrest authority, but it's not likely you're ever going to arrest a person. It's likely you'll detain an individual(s), and turn them over to another agency who would perform the arrest. Based on my experience (lots and lots and lots of boardings) people know who we are and what we're doing when we conduct a boarding. BO/BTMs keep a BOJAK on board to field any questions. With the exception of a few angry/disgruntled people everyone I encountered was professional and cooperative.

    CBP, ICE, and agencies who require their people to carry a weapon and are full time LEOs should be protected under LEOSA. For us BO/BTM is a collateral duty, the qual lapses if you fail to receritfy and/or transfer to a new unit.

    “I’m not in this world to live up to your expectations and you’re not in this world to live up to mine.” ― Bruce Lee
    KDUser is Offline
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    02 Feb 2014 09:26 PM
    As a civilian LE wife (also Coastie mom and mil brat) for more than 25 years, I will add this, and do with it what you please: how intensive and consistent are the selection processes for BO/BTM? And how consistent is their training?
    In CA, at least, all LE hires are required by POST (California Peace Officer Standards and Training) to pass both a thorough background investigation, and a psychological evaluation. Are your boarding teams that selective and careful about temperament and abilities? My DH's last bg investigation, at age 40, took weeks and involved an investigator physically travelling to his hometown and seeking out even his elementary school teachers who are still alive.
    Also, each year CA LEOs are required to participate in a certain number of hours of training re 'perishable skills'-- among them a FATS course that concentrates not on marksmanship, but shoot-don't shoot decision making and response time. Is the CG going to provide an equivalent?
    If it's just your personal security you're worried about, I'd say pursue a CCW.
    GearsUser is Offline
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    02 Feb 2014 10:03 PM
    BO/BTM school is open to everyone at an operational unit who meets the PT standards, and can qualify at the range. I did my BO/BTM certs OJT, I don't know how intense the schools are. I'd venture to guess they're based on civilian LE criteria, adapted for Maritime Law, and compressed. Recertification takes place a couple times a year.
    “I’m not in this world to live up to your expectations and you’re not in this world to live up to mine.” ― Bruce Lee
    jond36User is Offline
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    jond36

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    04 Feb 2014 07:19 PM
    Posted By Gears on 02 Feb 2014 12:42 PM

    CBP, ICE, and agencies who require their people to carry a weapon and are full time LEOs should be protected under LEOSA. For us BO/BTM is a collateral duty, the qual lapses if you fail to receritfy and/or transfer to a new unit.


    But is ME any different because the full time job is LE (technically anyways)
    GearsUser is Offline
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    Gears

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    04 Feb 2014 07:56 PM
    MEs aren't required to carry 24/7, and being a BO/BTM is still a collateral duty for them. If an ME has a qual lapse for some reason, they'll remain an ME. They can still conduct training, maintain weapons, etc.
    “I’m not in this world to live up to your expectations and you’re not in this world to live up to mine.” ― Bruce Lee
    CoochUser is Offline
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    07 Feb 2014 12:51 PM
    In my career, I have never seen the CG "arrest" anyone. Detain only.

    ME's are nowhere near "full time LE". Boatswains Mates and Machinery Technicians do the vast majority of the LE in the Coast Guard. And even then, it isn't full time LE. LE is a secondary function of Coasties, behind their primary rated job. Because they are not doing it 24/7, I don't think it is wise to allow them to carry all the time. It would only take one misuse of the law (and we all know it wouldn't take very long for that to happen) for the s**t to hit the fan and give us bad press.
    You can meet the standard, or you can set the standard. It's your choice.
    KDUser is Offline
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    10 Feb 2014 09:13 AM
    Thank you, Cooch. We see plenty of misuses even with all the screenings and b/g check safeguards in the civilian LE world. That badge and gun are very, very heavy off duty.
    Just get a CCW.
    rjgallardoUser is Offline
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    rjgallardo

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    22 Mar 2016 12:07 PM
    As a retired Navy MP, I have been researching this LEOSA and DOD 5525.12.  The Army and Air Force are complying with both as of this writing, but the USN, USMC, and it possible the USCG are NOT following the DOD instruction.  If you read the instruction, it does not make it optional to issue the LEOSA IDs but there is no enforcement mechanism nor is there a deadline.  I wrote a 3 page letter to both the House and Senate Armed Services Committees asking them to order the remaining services to implement the LEOSA ID card process and give them a deadline to do so.  I received a phone call from Sen. Mike Lee's office responding to my letter and they assured me it would be put on the SASC agenda.  Hopefully by the end of 2016, I will have more news on this front.  Please ask ALL servicemembers who would like to enjoy the LEOSA benefits to write their US Senators and Congress to push for the LEOSA ID cards.  If anyone would like a copy of the letter I sent, you can email me and I will forward it.  Thanks.  
    Richard Gallardo, MA1-USN (ret)
    rjgallardo@hotmail.com
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