New Legislation Introduced:  Senator Leahy introduced S. 376 on January 24, 2007 to streamline current law regarding the carrying of concealed weapons across state lines.  This legislation would give retired officers more flexibility in obtaining certification and reduces from 15 to 10 the years of service required for a retired officer to qualify under the law. To read Senator Leahy's statement, click here.

Click here or scroll down for a synopsis of the federal law (H.R. 218, the Law Enforcement Officer's Safety Act") that allows peace officers to carry concealed weapons across state lines. 

Click here or scroll down for a copy of the law.
 

A Synopsis of
H.R. 218, PUBLIC LAW 108-277, The “Law Enforcement Officer’s Safety Act”

On July 22^nd, 2004 President Bush signed H.R. 218, the “Law Enforcement Officers’ Safety Act”, into law.  Public Law 108-277 went into effect immediately.  This new law exempts active and retired law enforcement officers from local and state laws that prohibit the carrying of concealed weapons.

In spite of the passage of this new law, both active and retired officers may encounter problems when carrying concealed weapons across state lines.  There is no implementing language on carrying concealed weapons in California and there is a lack of uniformity of laws and standards among states.  The information provided below is an overview of the law and does not constitute legal advice. 

Qualifications for active officers:  Who is eligible to carry concealed firearms under this law?

In order to be qualified to carry a concealed weapon under this law, certain conditions must be met.  Active duty officers that meet the following requirements may carry a concealed firearm. 

The officer must be authorized by the department to carry a firearm. 

The officer must not be the subject of any disciplinary action by the department. 

The officer must meet any standards established by the department that require the employee to regularly qualify in the use of a firearm. 

The officer must not be under the influence of alcohol or another intoxicating or hallucinatory drug or substance. 

The officer must not be prohibited by federal law from possessing a firearm.

Officers must carry photographic identification issued by the state department that employs them. 

Officers may not carry machine guns, explosives or silencers.

Qualifications for retired officers:  Who is eligible to carry concealed firearms under this law?

Retired officers may also carry concealed firearms if they meet certain conditions.

The officer must have retired in good standing from the Department with over fifteen years on the job.  An officer is not eligible if they retire due to mental instability. 

A retired officer is eligible if they retired because of a service-connected disability after completing probation and does not have to meet the 15 year requirement.  

The retired officer must have a right to benefits under the department’s retirement plan.

The retired officer must also, at his or her own expense, meet the same standards for qualifications with a firearm as an active officer within the State in which he or she resides. 

The retired officer must not be under the influence of alcohol or another intoxicating or hallucinatory drug or substance. 

And, the retired officer must not be prohibited by federal law from possessing a firearm. 

Retired Officers must carry photographic identification issued by the governmental agency for which they were employed and documentation that they have met within the most recent 12 month period, the active duty qualifications for the firearm he or she intends to carry. 

This document must be issued by the retired officer’s former department or the State in which he or she lives.

Limitations to the Law:  Eligible officers are not able to carry firearms anywhere and at any time

Officers are not exempt from laws that prohibit or restrict firearms in airplanes, federal buildings, federal property, and national parks.

Officers are not exempt from State laws that prohibit or restrict firearms on government property.

Officers are not exempt from State laws that allow private entities to prohibit firearms on their private property.

The new law does exempt officers from local laws.

What to do if you would like to travel across state lines with concealed weapons

For active officers, have your official identification and badge in your possession.

For retired officers, have your official identification in your possession.

Contact the local police department at your destination and inform them you are an authorized peace officer and will be carrying a concealed weapon during your stay.  Also let them know what type of ammunition you will have in your possession.  Although this is not required under federal law, doing so may alleviate any potential problems.

Contact the airline or train company you will be using and ask for their specific procedures on checking in your weapons.  Although this is not required under federal law, doing so may alleviate any potential problems or delays.

Unofficial protocol for carrying a concealed weapon across state lines

Wear the weapon on your hip with a belt badge in front of the weapon.  Keep your primary identification papers in your pocket.

--H.R.218--

H.R.218

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

`926B. Carrying of concealed firearms by qualified law enforcement officers.'.

SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following:

`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified retired law enforcement officer' means an individual who--

`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;

`(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

`(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or

`(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

`(4) has a nonforfeitable right to benefits under the retirement plan of the agency;

`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;

`(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 receiving a firearm.

`(d) The identification required by this subsection is--

`(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or

`(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and

`(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) a destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:

`926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.