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The Los Angeles Police Department (LAPD) has announced that they are considering a policy change to empower officers who are also recipients of the Deferred Action for Childhood Arrivals (DACA) program to carry their department-issued firearms while off duty.
This potential adjustment aims to address the challenges faced by DACA officers who, under federal law, would generally be prohibited from possessing guns or ammunition.
According to LAPD Chief Michel Moore, the proposed policy seeks to frame the off-duty hours of DACA officers as part of the “performance of their official duties or other law enforcement purpose.”
This innovative approach could allow officers to carry their firearms for personal protection outside of their working hours.
“We’ve sought information from our federal, state and city attorneys to understand what the policy needs to discuss to articulate the basis on which a DACA individual, now a police officer, can lawfully carry and possess a firearm and ammunition,” Chief Moore explained.
The LAPD’s Board of Police Commissioners, which is responsible for setting department policy, discussed the specific rule changes on December 12.
The proposed policy is built on the notion that full-time police officers are considered peace officers under California law at all times, even during off-duty hours.
The move comes as part of a broader trend in states like California and Colorado, where recent amendments to state law have allowed non-citizens, including DACA recipients, to become sworn peace officers.
Legislators proposed the changes ostensibly to boost hiring and reverse staffing shortages at police departments.
In September 2022, California removed the requirement for law enforcement officers to be U.S. citizens, now only mandating that officers be “legally authorized to work in the United States.”
LAPD Chief Moore stressed the importance of establishing a clear policy for DACA officers graduating from the academy.
“It would be appropriate for us to have a written policy that clearly defines what their authorities and responsibilities are, given their position as a police officer,” he stated.
The chief added that he believes the policy shift should treat DACA recipients as having the same rights as ordinary citizens, a trend he sees as growing across the country.
“What we see instead is a trend across the country going the other way, recognizing that DACA recipients otherwise are fully functional members of our society,” Moore stated. “They work and are employed. They pay taxes. They act in other responsible ways, and this is an expansion or an allowance for us to take advantage of them.”
>However, not everyone is in favor of this progressive approach. Former Los Angeles County Sheriff Alex Villanueva expressed concern, describing the move as a sign of poor leadership and attributing it to a shrinking recruitment pool.
“I think this is an ill-advised policy, and it all goes to lowering hiring standards,” Villanueva remarked.
On the contrary, the Los Angeles Police Protective League, representing over 9,200 officers, supports the proposed policy. In a statement, the League asserted: “It has been the long-standing position of the Los Angeles Police Protective League that our members are police officers 24 hours per day.”
The LAPD has acknowledged the potential safety concerns for DACA officers working in the communities they police.
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