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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Hi, I’m retired police officer from Ohio. If I understand HR 218 correctly you cannot carry on private property if the owner of that property has a sign up that restricts firearms on their property. When Ohio passed a ccw law (as few years ago) it gave private property owners the right to restrict ccw on their property. Does HR 218 exempt you from the state law or do you have to follow state law? Thanks John
what is the correct law in carrying a weapon for retired police officers in other states because i have been told that each state has thier own interpretation of the hr218 law
I’m a Corrections Officer in New Jersey and we are sworn law enforcement officers that carry off duty I know some states don’t recognise Corrections as law enforcement but New Jersey and New York we’re recognised as law enforcement will there be a problem with us carrying?
By definition, then, CO’s would be allowed to carry? There’s nothing in there about a training academy.
Where do you get your information about restriction in carry on Federal property? I have read the law word for word, and find NO such restriction mentioned.
The law is an exemption from state laws. It does not mention or provide an exemption from federal laws therefore all federal restrictions such as the the ability to carry on federal property are still enforceable.
Does this law also apply to retired military police? I have read this and all it really states is a government agency? I do also work as a volunteer with the sheriff’s office in Oregon.
Shawn, not sure a CO has arrest powers. I could be wrong but isn’t that why you are a CO and not a PO?
Some CO’s in California are PC 830.1 during working hours. The Penal Code does not diferentiate concerning there right to carry. You can look in California Peanl Code 830.1 for the Counties that are recognised to be 830.1. Therefore they woufor carry purposes.ld or should be concidered PO’s
I know Correction Officers with the city of New York are considered peace officers under New York state law which means they can: 1) Make on-view warrantless arrests 2) Carry and use a firearm and 3) Use physical and deadly force. New York state law specifically states the New York City Correction Officers maintain their arrest authority both on and off duty anywhere within the state of New York. They attend full peace officer training as part of their academy and many of their assignments are armed on duty. All officers are issued an off duty firearm as well and all officers are required to qualify with their firearms. I believe this is also the case with New York State Corrections Officers but I am not positive. If all of those things apply to the corrections officers in your state, then I would say that HR 218 applies to them. Two things (among others) to keep in mind are that the law enforcement officer must have statutory powers of arrest AND be authorized by their agency to carry a firearm. If both of those things don’t apply to corrections officers in your state, then I would say that HR 218 does not apply to them.
I am a retired Police Officer, from Phila. PA, I have all the necessary paperwork. I am trying to get information about HR218 that was updated and signed by Pres. Obama in 2010,that permits the carrying of hollow points. I have spoken to some other retirees and no one seems to have a handle on the updates. Thanks Joe G.
Joe
send me your email and I will send you the updates
thanks
pat olvey
email swohioccw218@yahoo.com
Pat Olvey
513-478-8887
KD8KQJ
HTTP://POLICEGUIDE.COM/PATOLVEY.HTM
RETIRED CINCINNATI POLICE LIEUTENANT
FORMER POLICE CHIEF, GOLF MANOR, OHIO
FORMER POLICE CHIEF, ELMWOOD PLACE, OHIO
RANGEMASTER-CLEVES POLICE DEPT
RANGEMASTER-ARLINGTON HEIGHTS
EXEC DIR HAMITLTON COUNTY HEALTH DEPT. RADIO GROUP
HTTP://WWW.LINKEDIN.COM/IN/PATRICKOLVEY
You do not have to have arresting authority to be included in HR 218.
http://www.fop.net/legislative/issues/hr218/hr218faq.pdf
See page 5. Hope this helps.
I am retired NYPD Officer residing in Connecticut. I have a permit to carry here. Contemplating a move to the state Washington. Is there a different interpretation of HR218 as amended in 2010 for that state?
Thank you in advance.
Bernie Harrigan
I RETIRED FROM THE NYPD ON A MEDICAL DISABITLITY WITH A BACK INJURY AFTER 16 YEARS SERVICE. AM I EXEMPT FROM THE HR218 LAW?
Hello:
I am a New York State Peace Officer…i think HR 218 has a lot of “GRAY” areas when it comes to concealed carry… for example… as an active LEO HR 218 “covers” me if i decide to carry my handgun ( and when i mean MY HANDGUN im taking about a weapon i purchased, not a department issued)… but if for whatever reason i get stopped by NYPD i run the risk of getting arrested because my gun is not under a CCP under NYPD/NYC although my gun is registed with the NY state police and ATF…any active or retired NYPD LEO who can shine some light in this matter?
The State of Texas allows for officers to disregard posted signs prohibiting the carry of a concealed weapon on private property. Of course, if directly challenged we are require to leave the property. Is this true in other states, and does this law protect officers from similar signage?
I’m a police officer in Puerto Rico but PRPD does not allow me to carry my goverment issued firearm outside of Puerto Rico. Can I carry any private handgun to the U.S. as a law enforcement police officer?
Federal Law supercedes any state law. As a PA police officer, If, I am reading HR218 correctly, I believe any active or retired law enforcement officer qualified with the weapon would be allowed to carry across any State in the U.S under “normal circumstances : traveiling on vacation, duty, nartural disaster, etc.”. There is also legislation through the Patriot Act further backing an officer’s right to carry a firearm. Corrections Officers I don’t know, I would check with the state(s) you are traveling to (I would hope so). Also types of ammo may be an issue. The day I personally would jam a fellow LEO up for carrying would be a cold, cold day in Hell. You never know if you are out some night on a traffic stop and something goes wrong. They may be the one to save your life by being in the “right spot at the right time”. I will check further into this matter.
Topside, as a police officer in PA, we can legally be in open, non-confined property without warrant, private or public the person(s) would have no reasonable expectation of privacy, and would not be able to challenge police presence. Any gated, closed off property would require a warrant unless exigent circumstance was the reason for being on the property such as pursuing a criminal, hearing someone yell for help, contraband in plain view etc.
Sir, Just to clarify a statement you made in the qualifications you spoke about under HR218.
You stated an officer can only carry the firearm he has quailified with under 218. This is false.
An officer can carry the same “type” {auto or revolver}.This fact is claerly enumberated in HR218.
An “affiirmtative defense” according to you does not stop an officer from getting arrested for violating local firearms laws. You must be from NJ or Ny.
The supermency clause of the US Constitution allows national carry under HR218,free from local laws. An arrest on a local firearm law will trigger an unlawful federal civil rights lawsuit from the officer involved as long as he/she is qualified under 218.. The State/local PD involved could be subject to a large civil judgement.
In 1998,I seperated after 17 years of police service in the Phila.PD. I left in good standing and received a guaranteed lifetime pension from the dept. 18 months later. The reason for my seperation was that I found a better job. I have my final performance ratings which are exemplary. The personnel office of the PPD is denying me a photo id card because, they say I resigned and in doing so forefitted my original id card, and did not retire. They will not give me a document indicating the denial and will not accept a letter of protest directed to the Commissioner. They basically said there is no recourse. To my knowledge, there is no policy documented in the PPD on this matter, it is evidently a verbal order from the commissioner to personnel. A Civilian employee is making the denial along with a Sgt. who serves as the FOP rep. who is detailed to the personnel office. Does anyone have any recourse, I can follow, the FOP is doing nothing, I believe I am elegible for this credential. Thanks; BOB, PPD 1981-1998, Assignments: 22nd, 15th, JAD, SCU, Gang, R & P, Public Affairs, CCC, 25th Capt.’s office, Police Academy.
Lots of great information and to the point. Keep up the good work. Thank you.
Thanks for the important information
I am a retired US Army COD special agent. I was told by the army that as a military agent I did not have arrest authority only apprehension? I think that’s the same thing. Do us retired federal boys fall under HE218?
Sorry for my bad texting I am a retired CID agent
I agree with G. Hamilton. Arresting a LEO from proclaiming his federal rights under LEOSA is ridiculous! Especially when HR218/LEOSA has been a public law since 2004. If you are arrested especially in NYC use precedent NYS LEOSA cases such as People vs Booth, City of Peekskill v. Muhammed and City of New York v. Rodriquez. You only need one to prove your case after you claim a LEOSA defense. and then sue the arresting Officer(s) personally under 42 USC 1983 & 1988 in a Federal Court for malicious prosecution,false arrest, false imprisonment, etc. etc. and get paid like Diaz v. San Fernando who got paid $44k for his false arrest! The Rodriquez law suit against NYC is still awaiting summary judgement. Freedom is not Free!
I am a retired Fire and security officer in Ct. with power of arrest. my title was special State police.I had 22 yr. of service I did not know that HR218 was existing and I did not follow up on the requirement of HR218. Is there any way I could carry a pistol out of state? I do have a state of CT. pistol permit where at that time it was a requirement to carry an active permit. Thanks Roger.
I retired out of California and live in Oregon. I recently took a Utah civilian CCW course and obtained a Utah CCW permit. It is recognized in 34 states. It sure saves jumping though all the HR218 hoops. You do not need to be a resident of Utah to obtain a permit and you do not need to qualify every year. Check it out on the State of Utah website. Utah CCW courses are held in many different states.
I was reading that HR218 does give you protection from other states laws on use of force, prohibited weapons, possession of hollow points etc. My department authorizes us to carry only hollow points on or off duty. if i go on vacation in another state and they prohibit hollow points, what am I supposed to do? Get arrested by their PD or be in direct violation of my dept regualtions??
I would like to know who is responsible for quilifing a retiree. My dept. says they are under no requirement to qualify retirees, but it is a courtesy.
I’m of the understanding that a retirees dept. is requied to conitune qualifing their retirees.
Wher can i find the answer to this question.
Ref. HR 218
I too, don’t seem to be able to get/find the up- dates from 2010 on in regards to HR 218. I understand there are some changes. I’m interested mainly in having to do with interstate travel.
Thank You
Can we carry any type of ammo.Being retired from a NJ police dept.the only type of ammo we can carry is ball ammo but while on the job we were issued JHPs.Do I have to follow these rules in other states?
thanks for your help
what is the federal law to carry gun for law enforcement acting and retired
We are getting there………..how about a federal ID card and one clear law that a citizen can understand. Its still too vague and thats where some jurisdiction is going to cover their ass at my expense.
I concurred with the above Mr. John Young, on the issuance of a federal ID card to all retired police officers, that will cover them for carrying any firearms in the U.S.A., and surrounding islands. Also, that the federal government issue a final order informing all Law enforcement agencies, at all levels, that a retired police officer can carry any personal concealed weapon at all times for his or her protection within the letter of the law.
In reference to MP/CID, you are authorized to carry on duty but to be identified as an agent. Remember MP/CID has jurisditiction within 50 miles I believe outside of any military instilation. As an MPI I have had a few short calls due to an off duty incident on way home, I was off duty and noticed a brawl out in parking lot with weapons. I called in to local dispatch and requested assistance with a federal agent on scene and told them what was going on. There ETA was about 10 mins out and notified that proceding to break up altercation and needed it now due to weapons. I went over to the altercation and identified my self as an agent and started to break it apart. Couple individuals kept at it while the rest despirced and one had a knife while I had my taser gun, suspect swung on me and I shot the suspect with taser and he went down. I contacted dispatch that I had 1 down and needed EMS due to Taser and one in custody. Finally when units arrived on scene they took over and asked if I wanted them transported to the nearest base which happen to be Great Lakes and follow with federal charges, I said no. I was also notified that I could be arrested for unlawfull use of a firearm and unlawfull use of force due to that I was not a local PO. I was sited and went infront of judge and was waived due to Federal Agent.
As told in story, MP’s do not have jurisdiction without cause of duty, but does have the right to detain or transport to military instilation if under suspetion of federal charges onto a agent.
CID does have more lie way due to an investigative nature bc of more issues and federal instinances.
CHECK WITH YOUR LEO
In response to the question by Bernie Harrigan. If you want to send me an e-mail to my home address, I can send you information on Washington state if you wish. I am a retired Officer and have all the information includinmg where you can be qualified each year, and stay current. My e-mail is
coprock1@comcast.net
Any one know where a retired State C.O. from Western NY can take the annual firearm qualification corse? Any help would be greatly appreciated.
hello, i am currently working for the district attorneys office in pennsylvania and i also work as a deputy sheriff from time to time,today i cross the state line to new jersey and my gun was under my seat, i got approached by two police officer and they started to questioning me and they asked me if i was carrying a gun on me i told them that i am a law enfrocement agent and that i was going to my girlfriends house and i was with my DAs uniform still and they asked me to step out of the car long story short i got arrested for 2 counts of possession of unlawful handgun nj 2c-39-5b…they told me i dont have the license to carry a handgun in new jersey.
what can i do???????
I RETIRED FROM THE CHICAGO ON A MEDICAL DISABITLITY WITH A BACK INJURY AFTER 16 YEARS SERVICE. AM I EXEMPT FROM THE HR218 LAW?
Nelson Rico your going to tell tell me that NJ Cops arrested you for carrying a weapon under 2c? There was just a case in NYC about a PA Constable arrested there for carrying and it was dismissed on HR218 get your DA to call the prosecutor Office in NJ and get the case dropped
I am a Retired Police Chief from Missouri. I moved to the State of Texas and I can not get any information if I qualify with my weapon here if that is all I need to carry my weapon. Can you give me any information on the State of Texas. I have my Department ID & Badge that I am a Retired Police Chief.
Just some information wanted. I retired after 20 years of service. I was qualifing for an Armed Guard License and while I was at the range I asked the instructor about HR 218 because the instructor also gives a class for HR 218. He asked to see my clip from the Glock 9 mm ( it was my service gun issued by my agency ). He said that I was committing a Felony because the clip was marked ” Law Enforcement Only ” which I wasn’t any longer. He said it was totally off the wall but true. He said it wasn’t the amount of rounds the clip held or anything special about it. It just was marked ” Law Enforcement Only “. These are the clips I wore on my gunbelt and in my weapon when I was a cop. This is the first I have heard of this. The instructor said to go out and buy a new clip (s). Anyone ever hear of this ?
nj does not reconize act 235 and pa does not reconize nj act to carry that is why the police officer who arrested the guy who says he’s a sheriff from pa sometimes you can’t just be a sheriff someitme when it’s convenient for your either a sheriff or your not and under the nj carry law i can guarantee the da will not drop the charges you’ll be lucky if your not charges with impersonating a nj officer because your not an officer from nj your a sheriff from pa and the officer that arrested you did his job by the book and just for the record this is nothing to do with you but for every officer out there in every state the military has more arrest powers than a police officer he out ranks a police officer as long as he is on duty and is active or if they declare martial law then he if challenged by a police officer can arrest that officer under federal law military has more power to arrest than local and state…
Wow mark, get a shift tab and some puncuation keys on that keyboard.
As a Deputy Sheriff in Dallas County, Texas, to my understanding, I can not carry my weapon into the Post Office (a Federal Bldg.) just to drop off a letter or pick up stamps.
Ref: http://www.spartancops.com/police-officer-carry-gun-traveling-hr-218-explained/#comment-3434
With reference to nico’s comment of June 24, 2011, I am a retired police officer from a Michigan Incorporated municipality. I retired in 1990 after 20 years of service for basically the same reasons. The city I worked for had the SAME philosophy as nico’s situation, and stated that they felt that I had QUIT, and not retired. I even had the POAM (Police Officers Association of Michigan) go against me, after sending me a letter agreeing with my decision, and reassuring that they would stand behind me up to and including arbitration after reading the Michigan ACT345. They eventually reneged on this. I was at that time (just prior to resign and VEST my pension) advised by the city Attorney (a true friend and acquaintance, but still needing to side on the city’s side) that the City and the Union were working against me in order to not let this happen, as it was the first time any one had severed from the PD without the full 25 years. I hired a private attorney, and showed him where the city contract was a reduced in size version of the State of Michigan ACT 345 governing the laws, and rights of police officers for all of Michigan. Amendments could be inserted at the city’s level and spelled out in the contract book, but this was never done by the city. In essence, the ACT 345 stated that any officer with 10 or more years as a sworn officer can “VEST” his pension, and after the 25 year mark receive his pension (reduced) and “BENEFITS” (plural). The POAM (in the beginning) had stated that they had bargained with the city to give me all benefits, except medical, in other words 90 % of the pie. We’ll HELLO ! I told them that the city can keep the 90% of the pie (non important benefits) and I would take the 10% , medical. Of course this was not accepted. After my attorney investigated that the city had no other ruling other than the reduced carbon copy of the ACT 345, I was told that when the 25 years roll along, I needed to go back to the city for my pension (reduced) and “ALL” benefits including medical. He stated that if refused, which they did, he would start a civil suit. After 3 years of court rulings, 1) County Circuit court, agreed with my case, 2) Michigan Court of Appeals, 3 out of 3 judges agreed with my case, and after the city going to the 3) Michigan Supreme Court, which also agreed with my case, The city called me up and asked to come by the City administration offices to pick up my Blue Cross / Blue Shield cards for my wife and I, plus a letter confirming my being a Retired Police officer, and formal Retired Police Officer ID. This to be able to acquire my retirement badge. After this, the City modified their contract called “The G…….” clause, which now spells out that to receive ALL benefits, an officer must work at least 25 years of service.
If your State has anything similar as Michigan’s ACT345, and it’s not to late, GO FOR IT ! you should have no problems in winning your case.
Mark- You act as if Martial Law is in effect. When was the last time martial law was declared? If a deputy sheriff has police powers in the state he works in, he is authorized to carry concealed in all 50 states per HR218. FYI- I am a police officer in a police department but fully understand that a sheriif deputy with police powers has the same rights that I do. I really hope you aren’t a “cop”. We have enough people that don’t like us, those of us who bleed blue need to take care of each other.
Does any one know if this is effective for a reserve officer ? Washington State Clark County reserve deputy. Is a reserve a qualified law enforcement officer?
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