Shad0wSmurf t1_jbstwce wrote on March 11, 2023 at 1:09 PM

Reply to comment by CltAltAcctDel in FBI agent who shot, killed dog in Philadelphia will not face charges by StavrosKatsopolis

Even if she doesn't have a permit?

CltAltAcctDel t1_jbsuyqa wrote on March 11, 2023 at 1:20 PM

6106 exempts her from permit requirements. I pointed you to the section.

Duly authorized federal employees are exempt from permits. Duly authorized doesn’t require her to be on duty. Merely being authorized to carry by her agency is sufficient. Have badge; can carry

Shad0wSmurf t1_jbsxirk wrote on March 11, 2023 at 1:43 PM

Okay, no, I follow you. If federal employees are exempted from permits then why is there distinction in LEOSA - which you said didn't apply -

(36 C.F.R. §§ 2.4(e) & (h), 18 U.S.C. § 922(q)) allow for individuals carrying concealed in accordance with the laws of the state in which the federal park or GFSZ is located to carry concealed in them*; however, an individual carrying under LEOSA is carrying under FEDERAL LAW and not in accordance with the laws of the state they are in.
What this means is that you are NOT exempted from carrying a concealed firearm in these areas UNLESS you are on official duty or possess a valid and qualifying state issued concealed carry permit.

Because if they DON'T have a license, LEOSA which is the authorization to carry by the Federal Government, for federal employees, then they would need a permit to carry in those zones in the states that require Concealed Carry being off duty is not in the employees authorized capacity?

EDIT: PA CSA 18. 912(c) - I'm assuming you're referring to " * or other lawful duty"

if they don't have a pa permit and are not in the scope of their duties, do they have to observe federal law or state. Meaning do they need to carry under federal law with LEOSA because they don't have a permit in the state and are subject to the laws of the state they are in, and are NOT exempted from GFZ with LEOSA?

CltAltAcctDel t1_jbt6p3v wrote on March 11, 2023 at 2:58 PM

LEOSA exists mainly for state and local police to carry off-duty or retired in all states but that has limitations. It’s fairly new and federal agents were carrying all over the place prior to it being enacted.

She was carrying under 6106. LEOSA doesn’t enter into because she’s legally carrying under PA law. She’s carrying legally by being a duly authorized federal agent. She is a duly authorized federal agent 24/7/365 until she separates employment

PA does not have a buffer on school zones. That was the purpose of referencing 912. Federal gun free zone law says the buffer is 1000ft but people can carry within that border if states allow it. PA only excludes the actual property of the school from carrying. It does that through 6106 and 912 because 6206 authorizes people to carry and 912 has no buffer.