Where can a police officer carry a gun while traveling? HR 218 Explained

by Scott on January 21, 2009

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:

  1. 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;
  2. has statutory powers of arrest;
  3. is authorized by the agency to carry a firearm;
  4. is not the subject of any disciplinary action by the agency;
  5. meets the standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
  6. 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:

  1. 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;
  2. 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;
  3. had statutory powers of arrest;
  4. has a nonforfeitable right to benefits under the retirement plan of the agency for which he was employed;
  5. meets, at his own expense, the same standards for qualification with a firearm as an active officer within the State in which he resides;
  6. is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
  7. is not prohibited by Federal law from possessing a firearm.

Resources and Links

Police One Article

NJ Lawman Article

FOP HR 218 FAQ

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HR 218 Explained « the things worth believing in
January 25, 2009 at 3:08 pm
Recommended Police Articles for January 2009
January 28, 2009 at 5:38 am

{ 23 comments… read them below or add one }

ryan March 1, 2009 at 2:37 am

where can florida law enforcement officers not carry concealed firearms off duty? please reply via email

Scott March 1, 2009 at 6:30 pm

Ryan,
Send me your email address and I will explain what I know. You can email me at SpartanCops@gmail.com.

Scott

Israel Pagan September 5, 2009 at 10:47 pm

Is there a seperate permit under HR218 for carrying a gun nationally, or does a law enforcement identifcation suffice?

Gabe September 24, 2009 at 7:27 am

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?

S/Sgt. Thomas Hanna RCMP #36739 October 9, 2009 at 12:05 pm

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

Cpl Harden December 18, 2009 at 4:01 pm

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.

John P. Mustin February 5, 2010 at 8:51 am

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.

Michael Anderson February 8, 2010 at 4:08 pm

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.

Thomas Del Priore March 29, 2010 at 8:41 pm

Good Info. ,best I have read to date . Thanks !! Tom Del Priore

Rene Ramos April 1, 2010 at 12:17 pm

I retired from the job believe that their are alot of active and retired police officers out there that are not and do not educate them selves on new laws that may prevent incidents like this from happening.. Educating them selves can eliminate confusion and liability… I’m aware that in this particular incident a man was shot and the job was handled accordingly. What the hell was the prosecutors thinking of? Don’t they know the laws ? !!!!!!!!!!!!!!!!

Remember this can happen to any of us..

God bless and stay safe..

Dan Mackiewicz April 5, 2010 at 7:25 am

I’m a retired LEO from Illinois. I’m currently Chief of protectice Services at a major Govt. Defense Contractor in Florida. I also posess a FL CWP and a Florida Statewide Class G Firearms license. You’d think HR 218. would be sufficient for the job ? … gets expensive not to mention the time.
Good information on your site,
Thanks

Patrick Olvey April 29, 2010 at 2:35 pm

If anyone in Ohio needs help in getting certified under hr218 please email me at polvey@gmail.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

Lenny April 30, 2010 at 6:36 pm

The info I have just read is very confusing to me. I honestly do not know if I am coming or going. Can I carry nationwide or not? I am retired law enforcement and I have a concealed carry permit in my home state. I usually call DPS, the State Police, and they let me know what states I can carry in and which ones I cannot carry concealed in. Honestly I feel much safer doing it this way. HR-218 is either a concealed carry law for active and retired police officers or it is not. From what I have read it has way too many exceptions to be trusted. I see an add in SWAT magazine for a national concealed carry badge. What is the use of spending fifty bucks if the federal law has so many exceptions, etc.? I check back later for some type of clarification. Thank you!

patrick olvey May 10, 2010 at 3:40 pm

Lenny
you can only carry nationwide after you have HR218 requal certification. Under HR218 you must qualify every 365 days.
pat olvey, polvey@gmail.com

Lorry Jenkins May 17, 2010 at 4:56 pm

Is there a guide available for “Retired Officers carry conceal,” as to what they cannot and can do specificly throughout jurisdictions in the U.S.A.?

John Creighton May 20, 2010 at 1:42 pm

I am a retired Baltimore City Police Officer (30 years service), I do posess a Maryland handgun permit, what states am I legal to carry a firearm in.

patrick olvey June 15, 2010 at 2:46 pm

you can search for state information using Handgunlaw.us, for information reagarding HR218 search using google, you want to read the law as it was passed. You can contact me at polvey@gmail.com
thanks
pat

W. Weiss June 17, 2010 at 8:13 am

State Concealed Weapon Permits have NOTHING to do with LE officers AS officers OR HR 218. If you use your permit as your ‘authorization’ to carry a firearm, you are using it AS A CIVILLIAN, period.

HR 218 authorized you, as an active or retired LEO, to carry a concealed firearm as long as you meet HR218 requirements.

If you are active or retired LEO, and you meet HR218, REGARDLESS OF YOUR AGENCY POLICY, you CAN LEGALLY carry PER HR218.

willie hrynyk June 23, 2010 at 7:13 am

can you provide list of states in can carry,i’m from nj

W. Weiss June 24, 2010 at 8:33 pm

This SHOULD be so simple to explain:

CURRENT and RETIRED LEO’s (REGARDLESS of your own department policy OR state laws) ARE AUTHORIZED, UNDER FEDERAL LAW, once meeting the requirements of HR 218, to carry a concealed firearm, NATIONWIDE.

ANY TIME that you carry a concealed firearm and USE your STATE CONCEALED WEAPONS PERMIT as the “authorization”, you are carrying your weapon AS A CIVILLIAN, period!

If your chief or sheriff does NOT allow you to carry “OFF-DUTY” (stupid boss), you can still carry NATIONWIDE under HR 218…LEGALLY!! (read into “legally”)

CURRENT and RETIRED LEO’s, please forget you even HAVE a state issued CCW…go and get qualified under HR 218, then you can vacation ANYWHERE in the UNITED STATES and carry your weapon.

Kirk Williams June 26, 2010 at 11:43 am

John Creighton you can’t carry it anywhere.

Allan Jawors July 21, 2010 at 6:51 pm

I am a active Auxillary/reserve Officer for Pontiac Police Dept. in michigan Am I covered under H.R.218? Thank You

Wesley Lehman July 31, 2010 at 5:55 pm

I was arrested by the Illinois State Police for having a loaded pistol in my vehicle and driving on a state owned public highway. I work for the Federal Bureau of Prisons. The US attorney general and my agency both say we are covered under H.R. 218. The problem is my state requires people to have a “Firearm Owner’s ID” card. Mine had expired so they want to prosecute me for that. A out of state cop would be ok, but because I live in Illinois I am facing a year in jail and a $2,500 and of course loss of my job for committing a crime. Any case law on this subject? Any suggestions? Asking the cops to drop the case is out my Warden did that and no deal.

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