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”
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