September 29, 1998 98-R-1190
FROM: Veronica Rose, Principal Analyst
RE: Probation Officers Authority to Carry Firearms in Various States
You asked if any state allows probation officers to carry firearms in the course of their official duties.
At least the following 11 states do so: Arkansas, California, Georgia, Mississippi, Missouri, Montana, New Hampshire, Ohio, Oregon, Pennsylvania, and Virginia (see below). At least the following 12 do not authorize it: Alabama, Alaska, Colorado, Delaware, Indiana, Kentucky, Maine, Minnesota, Nebraska, Tennessee, Vermont, and Washington. Texas is the only state we found that prohibits it (Tex. Hum. Res. Code § 141.066).
State |
Conditions |
Statute Section |
Arkansas |
Pursuant to training requirements |
16-93-103 |
California |
If authorized to do so by the director of corrections and under terms and conditions specified by the employing agency; must meet training requirements and qualify with the firearm at least quarterly |
Penal Code § 830.5(a) |
Georgia |
When specifically designated and authorized to do so in writing by the probation division director |
16-11-30 |
Mississippi |
Must complete a weapons training course approved by the Board of Law Enforcement Officer Standards and Training |
97-37-7 |
Missouri |
As authorized by Department of Corrections policies and regulations; department must determine the content of a required firearms safety training program and provide firearms certification and recertification training |
217.710 |
Montana |
Corrections Department may authorize probation officers to carry firearms, including concealed firearms, when necessary; department responsible for adopting rules establishing training requirements and procedures for authorizing the carrying of firearms |
46-23-1002 |
New Hampshire |
Subject to the commissioner's written procedures |
504-A:12 |
Ohio |
Must successfully complete a basic firearms training program approved by the Ohio Peace Officer Training Commission and annually requalify |
2301.27 |
Oregon |
Must undergo psychological screening and complete a firearms training program recognized by the Board on Public Safety Standards and Training |
166.263 |
Pennsylvania |
Subject to training requirements set by the County Probation and Parole Officers' Firearm Education and Training Commission |
61 PS § 332.2 et seq. |
Virginia |
In accordance with Board of Parole regulations and upon certification of appropriate training and specific authorization by a judge of the circuit court to which the officer is assigned |
53-1-145 |
VR:lc