Mr. Marshall, I apologize if my original post seemed disrespectful as I did have respect for you as a professional which is why I said "with all due respect" I was disagreeing with you. Maybe it came came across as "calling you out" or something I don't know. Judging by your response it appears you took it that way (If you took it as someone simply disagreeing with you then I don't know what to say). Maybe what I should've done was open a dialogue with you on this matter via PM before posting my disagreement.
And you have how much experience doing this???
According to you = NONE. And I certainly believe that.
Yes. I am not lying about having no experience. Anyone is free to verify my non-experience. Does the fact that I don't have experience in FR mean that I can't state an opinion on matters that are related to but not exclusive to the industry?
First off Mr. Lacy may apply for a "non-resident" carry permit if he
so chooses.
Yes he may if he doesn't have one already. I'm not sure why you stated it as though I said he couldn't. He may already have one
Secondly, Mr. Lacy resides and has his business in
Maryland, and PA. does not grant reciprocity to MD. CCW permit
holders.
I know. At the time I was not thinking about MD vs PA carry laws. I assumed that since he used the term LTC and not CCW that he was familiar with the issues.
So, for Mr. Lacy to "work" legally in Pa, I RECOMMENDED
he get the Act 235 certification.
Yes you did. I RECOMMENDED he not get it. In part due to whom I was speaking to which is why I mentioned about LE background.
Last but not least, the law states "The Act requires that all
privately employed agents who shall carry lethal weapons
in the course of their duty"
The basic paperwork you need to conduct business as a Bail
Enforcement Agent requires you to have a written authorization
from the surety (bondsman) on the bail bond authorizing the arrest
of the principal and empowering you to act as his agent and
a Contract Agreement for Surety Services.
Correct.
You are an agent of the bondsman to whom you are privately
employed by to capture a fugitive. Therefore, if you choose to
carry a lethal weapon while working under the employ of the
bondsman, you are REQUIRED to be certified by law.
I respectfully disagree with your interpretation of the law. For reference:
§ 21.2. Mandatory certification.
Privately employed agents, regardless of their place of residence or employers’ location who, as an incidence to their employment, carry a lethal weapon within this Commonwealth. Training schools or instructors shall be certified by the Commissioner prior to engaging in any activity which is regulated by the act.
The phrase "as an incidence to" is key.
Now, the next time you want to answer a post, please investigate
to whom you are responding to before you jump on here and give
bad information.
First thing I did. As I pointed out earlier it's part of why I mentioned background. It doesn't appear to me that he would benefit from the basic instruction that act 235 would provide. Therefore, if not required by state law it would be of no benefit to someone with his background.
As I did in my original reply, I respectfully disagree with your position in regards to who Act 235 applies to. There is no provision that says that working as an agent of a bondsman is unique in terms of Act 235. It all comes down to whether or not you're employer requires you to carry a deadly weapon. It makes no difference whether you're working at a 711, running an errand service, selling cars or running down skips. I will say this, if we're talking about Philly, then all bets are off as that's a different animal and doesn't always follow state law (the city/county that is, not its esteemed agents). If 235 applies to a self employed bail agent, then it applies to every other person who works and carries a firearm out of their own volition. Anyone who has an LTCF can carry a firearm while they work provided that it does not violate company policy or state law in terms of no carry locations. having said that, if someone was contracted as an independent (self employed/1099) agent and the company that contracted him/her said that you must carry a firearm and/or other deadly weapon if you want my business... Hmm.. That's a tough one that I would want to run by a knowledgeable attorney. As a matter of fact probably be best to do that anyway. I'm no expert and barely even have the right to speak about anything even related to the industry apparently.
Mr. Gene (didn't want to use your last name on a public forum and since I may be unknowingly on bad terms with you if you believe I gave you bad information, I didn't want to address you informally), I'm thinking that since you didn't refer to it as CCW you're probably already aware of PA carry laws. I believe it took me about 6 weeks from the time I got my fingerprints and medical clearances in to get approval from the PSP to attend the Act 235 class. The class was held over 2 weekends. I then had to send the PSP $30 to get the actual card which I believe took less than 2 weeks (I kept forgetting to send it in but when I did - 2 weeks).
I do want to point out that although I used the term "deadly weapon" it was in context of Act 235 as a LTCF only covers firearms. We do have prohibited weapons in PA but the're only prohibited when used unlawfully. I am going to highlight the following as there may be people reading this assuming that since they don't carry a firearm this discussion is irrelevant to them. If Act 235 is understood to apply to anyone carrying a firearm while working period, whether or not they are required by their employer, it would also apply to someone carrying anything else that would be considered a deadly weapon such as a baton. You can even get the 235 without a firearms endorsement.
For reference:
Lethal weapons—Include, but are not limited to, firearms and other weapons calculated to produce death or serious bodily harm. A concealed billy club is a lethal weapon. The chemical mace or any similar substance shall not be considered as a lethal weapon for the purposes of the act. For purposes of this chapter, a nonconcealed billy club shall also be considered a lethal weapon.
I also want to emphasize that for those without a LE background (like me) the 235 is of some benefit (you can however get a more advanced/thorough education on these matters from some of the top notch LE/Security trainers we have in PA). The firearms portion is virtually worthless but issues of lethal force, reasonableness standard, court precedents and other bacon saving topics are very important. You might save on insurance as well.
I encourage anyone who may work in PA to explore the following link for their own edification:
Lethal Weapons Training Program
|
