Editor’s Update: In October 2010 S. 1132: The Law Enforcement Officers Safety Act Improvements Act of 2010 modified HR 218.
Before you do any traveling, here are some tips about your right to carry a firearm to another state based on HR 218, the Law Enforcement Officer Safety Act. Pass this article on to anyone in your department that might need it.
This issue has come up recently because four off duty officers were just granted a motion to dismiss after being arrested in Sturgis last year. They were arrested for carrying concealed firearms after a fight with some Hell’s Angels. During the fight an officer shot one of the Hell’s Angels.
What the Law Enforcement Safety Act (HR 218) Allows
A qualified active or retired law enforcement officer who has photographic identification issued by their employing agency may carry a concealed firearm transported across state lines.
The Fine Print
Additional Requirement for Retired Officers
Retired officers must also bring state issued documentation that they qualified with the weapon they are carrying within the last 12 months.
Federal Land and Buildings
This law exempts officers from state and local laws concerning concealed carry but not Federal laws. HR 218 does not exempt you on:
- Aircraft
- Federal buildings
- Federal property
- National Parks
Private Property, State and Local Government Land and Buildings
The law also grants states the authority to:
- Permit private property owners to restrict concealed firearms on their property
- Permit state and local governments to restrict concealed firearms on state or local government property.
Check with the state to see if their laws restrict carrying concealed firearms at these locations.
This Law is an Affirmative Defense; Officers can still be Arrested
The ATF sent a letter to the Fraternal Order of Police clarifying that officers can still be arrested for carrying concealed handguns. HR 218 is only an affirmative defense that can be brought up before the judge.
Firearms Defined
Firearms do not include:
- Machine guns
- Silencers
- Explosive or destructive devices
Qualified Law Enforcement Officer Defined
A qualified, active law enforcement officer is an employee of a government agency who:
- is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;
- has statutory powers of arrest;
- is authorized by the agency to carry a firearm;
- is not the subject of any disciplinary action by the agency;
- meets the standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
- is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and is not prohibited by Federal law from possessing a firearm.
Qualified Retired Law Enforcement Officer Defined
A qualified retired law enforcement officer is defined as an individual who:
- has retired in good standing from service with a government agency as a law enforcement officer for an aggregate of fifteen (15) years or more for reasons other than mental instability, or retired from such an agency due to a service-connected disability after completing any applicable probationary period of such service;
- was authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;
- had statutory powers of arrest;
- has a nonforfeitable right to benefits under the retirement plan of the agency for which he was employed;
- meets, at his own expense, the same standards for qualification with a firearm as an active officer within the State in which he resides;
- is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
- is not prohibited by Federal law from possessing a firearm.
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I am qualified under the safety act to carry a pistol in any state. Does this allow me all lawful purposes in other states such as target shooting, hunting, etc…
Interesting comments on this thread, fellas. I have a few questions that maybe some of you could answer…
1) If I understand section (a) for active officers, you MUST be a member of a governmental entity. I work for the Commonwealth of Virginia, but some of my brothers in blue are police officers at private universities, though still carrying out the functions and maintaining the same training requirements as public/city/state officers. Do they fall under HR218?
2) Can anyone find a copy of HR218 in its current text? I see the amendments, but the only copy is the original 2004 text, which does not include the additions of Amtrak, etc. I am working on updating a PowerPoint I created for off-duty carry, as this is not well addressed in Virginia’s BLE requirements.
3) Has anyone had trouble with 18.2-308/HR218 in Virginia as a Virginia LEO?
@Ken, I believe the problem comes from the word active. We have auxiliary programs in Virginia where you are essentially a volunteer cop. That said, I believe that, if law provides, that you may make off-duty arrests and are in good standing in accordance with section (a), you should be covered. It would be good to check with the county prosecutor for interpretations, and have a memo on file at the department with those results.
@Howard…I know some agencies my way will let you piggy back on their annual qualifications, and that some state recognized CCW courses will allow you to qualify with their group. Just options. See if you can use your chief swagger with a fellow Chief in the area.
You all be safe out there.
Does anyone know where I can find a list of states not covered and not recognizing HR 218? I just got off the phone with DOJ in California and they are telling me California doesn’t recognize HR 218 as well as 9 other states primarily located in the Eastern US. I can guess what states they are (the usual suspects). Anybody know for sure???
Its new news to me that a retired officer who meets all qualifications and ius allowed to possesse a concealed firearm (HR 218). is now, according to ATF, can be arrested and then can pursue an “Affirmative Defense”. Sooo, after being arrested, released from jail by being “bailed out”, I then have to go to court as an acused criminal.now what kind of crazy mixed up is that ?. Am I to expect possibly a criimanal charge for obeying the law/authority.
fredericksimon
The last sentence on my H.R. 218 permit reads “Pursuant to H.R. 218, this retiree is exempt from all local and state laws pertaining to carrying concealed firearms in the U.S. and Puerto Rico”
Re: Affirmative Defense…
Sounds like the wording is saying that *if* you do get arrested (for whatever), the use of LEOSA as a defense is appropriate. However, if you don’t get into a situation that is arrestable, you probably have nothing to worry about. I would rather roll the dice and have it but not need it than to need it and not have it.
. WHEN I RETIRED MY ID.WAS STAMPED “”RETIRED” I HAVE QUALIFIED THIS YEAR. DO I AND OTHER BROTHERS STILL COVERED UNDER HR218?
WHEN I RETIRED MY IDENTIFICATION WAS STAMPED “RETIRED”, DOES THIS CONFORM TO
HR218?
Our retired ID cards were modified to include phrases plucked from HR218 like ‘retired in good standing’ and “the person identified herein was empowered to perform all duties of a peace officer… including powers of arrest and is authorized to carry a firearm per USC 18 Section 926C”. We also get a “retired peace officer compliance certification” when we qualify. This is from a California Sheriff’s department.
I am a retiered Peace officer,and have the required cards,and I’m a snowbird to florida for the winter.Just wondering do I have to check with the local P.D.
I’m trying to find is I am covered…prior LEO for 10 years before becoming partially disabled in an off-duty accident. Can stilldraw, fire, reload, and handle firearm safely, but don’t know if I can still do the running/climbing to meet this portion of 218: “during the most recent 12-month period, have met…the standards for qualification in firearms training for active law enforcement officers, as determined by: their previous agency, the State in which they live”.
Has anyone in a similar situation have experiences they can share? Thanks in advance
Bill
A state has no choice regarding whether or not to accept LEOSA. Federal law trumps state law or city ordinance. Just like Denny said above. Any person can carry a weapon across state lines for legal purposes. Like a hunter in Kansas carrying a rifle to Colorado to hunt elk.
TV shows are just drama. Ever heard of a LEO pounding on a door, without warrant, and saying, “Federal agent—open up” Ridiculus!
It may be easier to get a CCW permit every 5 years–at least in CO.
You can now carry a handgun in a national park. It was part of the amendment signed by Obama.
Myself and a friend of mine are both retired police officers in good standing from Michigan departments and planning a bike trip to South Dakota this coming summer. We always carry for protection and wondering if we are going to run into any problems if we are stopped while on the road.
Some of the comments are pretty funny. You don’t have to be a POLICE OFFICER to qualify, you need to be a “qualified law enforcement officer” under the act.
If you have (had prior to retirement) statutory powers of arrest and statutory authority to carry a firearm, and worked for some aspect of government, you are pretty much covered. The amendments changed the definition of “retired” to some extent. They also made it easier for retirees to qualify – you merely need to find an instructor who is authorized by the State to qualify Police or Peace Officers, and take his course.
In New York Corrections Officers are certainly covered, as are Deputy Sheriffs, Court Officers, Probation Officers etc.
Even a Coast Guardsman has been deemed covered by the Law (but probably not after retirement).
There are NO States that don’t “honor” the law. It is Federal Law under the Supremacy Clause and has been upheld. The “hollowpoint issue” was resolved in the amendment. Ammunition is now declared to be a firearm for the purpose of the Act, so yes you can carry HP’s. Nothing NJ can do about it.
For all the people asking about Reserves and Auxiliaries, I doubt it. You don’t have statutory firearms carry, except on duty, and that is only when you are working. The Act is really for paid Officers. We do have part time Police Officers in New York, and they would be covered because their status does not change because they are part time, and they are full members of the pension system.
BUT, if you are some kind of part time Officer, and the Law in your State only gives you powers of arrest and firearms when you are working, I think you are out of luck. If you can not carry off duty without a permit, you probably do not qualify (except in certain States, such as MASS, where I understand even cops need to get a permit to carry off duty). If you don’t have off duty powers of arrest, I think you are out of luck. Statutory Police and Peace Officers have powers of arrest at all times.
If you are retired, you can qualify with a semi auto, a revolver, or both. They TYPE of handgun you qualify with is what is listed on your HR 218 card – semi, revolver, or both.
As to the guy who states he is a Peace Officer but he can be arrested in NYC?????
I don’t get that at all. Peace Officer status is conferred by the State of New York, and you are listed in the Peace Officer Registry. If you are a Peace Officer in one of the classes that requires a permit and your employer gets you a local one that is not valid in NYC, I think you are out of luck. You do NOT have statutory CCW authorization. It is a very grey area, and personally I would not test it, but that’s me.
What are you talking about? You keep talking about “statutory powers of arrest” meaning you can arrest on and off duty and that if someone can’t arrest or carry a weapon off-duty (under their agency’s authority), that they are not covered under LEOSA? Where the heck did you read that in the act? There are 6 requirements and the requirements only state that you must have statutory powers of arrest… that means the person could be given the authority to arrest only for the crime of “Cruelty to Animals” and as long as they meet the 5 other requirements in LEOSA, they are deemed a law enforcement officer as far as this act is concerned.
The biggest problem I see with LEOSA, is that everyone adds stuff to it, that is simply not in the act. Are you a government employee? Can you arrest someone (doesn’t matter for what or where or when)? Does your agency allow you to carry a weapon in connection to your duties? Do you qualify at least annually with the weapon? Yes? Then you are covered.
I have been doing some research on this topic for the last hour or so. I am a full time police officer in a municipal dept. in PA and am heading to NYC for the weekend. From what I am understanding I should have no issues carrying concealed as long as I am not under the influence of any intoxicant. If anyone has any argument to this please post… I’m sure I’m not the only LEO that would rather not get “locked up” and hassled for carrying when it’s what we do everyday.
How do these laws affect someone who retired after only 8 years of service?
It’s a good law, but only a start.
Being required to remove my firearm before:
- entering the post office.
- being within 1000 feet of a school.
- entering a park (where state or fed. law prohibit)
- entering a crowded mall or other property prohibiting firearms.
- etc.
Many of these places are exactly where we NEED officers, on or off duty, with their sidearms.
I certainly hope lawmakers realize the folly of these restrictions, before too many more innocent lives are lost to those that do not understand nor care to follow the law.
I have been researching a lot on HB 218 recently. I am a Reserve Police Officer, which means I completed a state approved Reserve Academy, I am an employee of the Police Department, other than the fact I do not get paid. I have an employee number and have worker’s comp payments entered for on-duty accidents. I am required to qualify with my firearm, and I am authorized to carry a firearm while on duty, just as a regular FT police officer is. I am interested to see where we fall, because recently another Reserve Officer inquired about this to our Chief and was told he could not carry while travelling across the country. Any responses would be very appreciated. Thanks.
I would disagree with some of the statements rearding reserve officers. I am in Indiana, and most if not all of the reserve officers have the same credentials as the regular officers. They are encouraged to carry off duty, and posess all the same police powers. The only difference is that they rarely get paid for the work they do. HR218 would cover them.
Just so everyone knows, the new law as signed also includes Military Police and Air Force Security Forces.
Mr. W. Weiss You cant not due the above in Kansas without the Permit and live here. So rethink it. Individual jurisdictions have there own laws. Your time out of retirement can not lapse here. Or you will be relegated to civilian. Granted you may not get charged but you could end up in quite a pickle if you fail to have one. Might, i remind yo that a county Sheriff is the ultimate authority in his own neck of the woods. In essence is also the head of the local militia.
NYS’s new Safe Act, until amended, seems to prohibit carrying pistols with more than 7 round clips? If the good guys can’t carry adequate protection, even under HR-218, who is left with guns? Should you be forced to defend against multiple threats just how far would 7 rounds be likely to go?
I realize this is an old threat. But I’m looking for an Army buddy from the 1980′s while stationed in Germany. I need a statement confirming to the VA for disability. I found one of the drivers but would like to have a backup witness confirming my injuries. Any help on this matter will be strongly appreciated. If you know this is the same man, please forward me the information. I have photos to confirm our affiliation. We were stationed in Babenhausen, Germany. I was a private when injured. email me if you know this to be John T Young, mdstanzel@yahoo.com he would be between 44 and 46 years old now.
My husband in a lieutenant ( active) on the Massachusetts State Police. I am a retired correctional sergeant. We bought a house in Florida, and want to drive to our new home, as we have household items to stock the new home. Can we carry our weapons from Massachusetts to Florida? Thank you.
HR218 needs to be amended. They need to strike out the requirement for handgun qualifications. The retired leo id should be all that is necessary. All other restrictions need to be removed, except the need to be free of alcohol or drug use. Contact your local FOP and urge them to make this happen.
@ Rick W. If i’m not mistaken,that 7rds law does not say how many Magazines you can carry..You just need to purchase multiple Magazines…Problem solved…
Federal correctional officers are allowed to carry under H.R 218. We have powers of arrest and in NY we fall under peace officer
According to amendments of HR 218 and according to the legal department of the NRA, Reserve officers are covered under HR 218. http://le.nra.org/leosa/frequently-asked-questions.aspx
Ladies, Gentlemen as a Sergeant of a municipal police dept in Ohio of 24 years Ohio is a very welcoming State for HR218. Just let us know your carrying and be ready to show the proper ID and Retirement or Current Badge. We’ll shake your hand and tell you to stay safe. Most businesses will follow the same process upon our wishes too. Hope this helps clarify Ohio law and your all welcome to come visit any time!
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