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.
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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.
Resources and Links
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where can florida law enforcement officers not carry concealed firearms off duty? please reply via email
Ryan,
Send me your email address and I will explain what I know. You can email me at SpartanCops@gmail.com.
Scott
Is there a seperate permit under HR218 for carrying a gun nationally, or does a law enforcement identifcation suffice?
Does the Sherrif have to grant it or can he even limit it? Our Sherrif says we can only carry while in uniform…..He can do that?
You guys are fantastic!!! This is by far the easiest to comprehend guide on HR 218 that I have seen to date. You should be nominated for a LE Pulitzer prize!!!
Thanks for all of your work and time in helping to keep all LEO’s safe. St. Micheal is definetly smiling down upon you both!!!
Tom
I wanted to find out if an Army personell can carry a firearm on county property such as the court house. I had one try to argue with me that if he had a gun I could not arrest him because he was a federal employee. In our county he would have went to jail no matter what he was.
I’m a retired LEO and qualified under HR 218. Lately I have heard different opinions on what you can and can’t do. Have you a guide available? Thank you.
In reference to Army personnell carrying at the courthouse, in Alabama military personnell are not required to have a concealed carry permint IF they are going to or coming from military duty where the use/possesion of a firearm is required. This does not include routine drill on the weekends. To my understanding it only covers MPs traveling to and from the workplace, not when they swing by the county court house to fight a ticket or get slammed with child support.