Microsoft Word HR218FAQ 2013

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1 H.R. 218, the “Law Enforcement Officers’ Safety Act” and S. 1132, the “Law Enforcement Officers’ Safety Act Improvements Act” and H.R. 4310, the “National Defense Authorization Act” On 22 July 2004, President George W. Bush signed H.R. 218, the “Law Enforcement Officers’ Safety Act,” into law. The Act, now Public Law 108-277, went into effect immediately. The bill exempts qualified active and retired la w enforcement officers from local and State prohibitions on the carrying of concealed firearms. On 12 October 2010, President Barack H. Obama II signed S. 1132, the “Law Enforcement Officers’ Safety Act Improvements Act,” into la w. The Act, now Public Law 111-272, went into effect immediately. comply with the documents required by existing The bill improves the ability of retired officers to Federal law when carrying a firearm under 18 USC 926C and makes other modifications to existing law. On 2 January 2013, President Barack H. Obama II signed H.R. 4310, the “National Defense Authorization Act,” into law. The Act, now Publ ic Law 112-239, went into effect immediately. The Law Enforcement Officers’ Safety Act (LEOSA) as amended can be cited as 18 USC 926B (for active duty law enforcement officers) and 18 USC 926C (for retired or separated officers). Frequently Asked Questi ons (FAQs) about LEOSA: Who is eligible to carry concealed firearms under this legislation? Qualified law enforcement officers employed by or retired from a local, State or Federal law enforcement agency. fined as an employee of a government agency A “qualified active law enforcement officer” is de who: 1

2  is authorized by law to engage in or supe tection, investigation, rvise the prevention, de ny person for any violation of law; prosecution or the incarceration of a has statutory powers of arrest or apprehension under the Uniform Code of Military Justice;  is authorized by the agency to carry a firearm;   sciplinary action by the agency wh ich could result in suspension is not the subject of any di or loss of police powers;  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 a nother intoxicating or hallucinatory drug or substance, and is not prohibited by Federal law from possessing a firearm.  The law also defines law enforcement officers em ployed by the Amtrak Police Department and the Federal Reserve Police Department to be “qualifie d active law enforcemen t officers” even though these are not employees of a govern mental agency. Further, any “law enforcement or police officer of the executive branch of the Federal Govern ment” is also include d in the definition. The most recent amendment to LEOSA further cl arifies that law enforcement officers employed by the U.S. Department of Defense who may not be deemed as having “statu tory powers of arrest,” r the Uniform Code of but who did have the authority, unde Military Justice (U CMJ), to apprehend suspects, meet the definition of “qualified law enforcement officer.” Qualified active law enforcement officers must ca ication issued by the rry the photographic identif agency for which they are employed. If you are an active duty law enforcement officer with any local, State or Federal governmental agency and you meet all of the requirements a bove, you may carry a concealed firearm under the provisions set out in the law. ” is defined as an individual who: A “qualified retired law enforcement officer  nding with a government agency as a law has separated from service in good sta enforcement officer for an aggregate of ten (10) years or more or separated from such an agency due to a service-connected disability after completing any a pplicable probationary period of such service;  was authorized by law to engage in or supe rvise the prevention, dete ction, investigation, prosecution or the incarceration of a ny person for any violation of law;  had statutory powers of arrest or apprehension under the Uniform Code of Military Justice;  is not under the influence of alcohol or a nother intoxicating or hallucinatory drug or substance; and  is not prohibited by Federal law from possessing a firearm. The law also defines law enforcement offi cers formerly employed by the Amtrak Police Department and the Federal Reserve Police Depart ment to be “qualified active law enforcement officers” even though these were not employees of a governmental agency. Further, any former e branch of the Federal Government” is also “law enforcement or police officer of the executiv included in the definition. 2

3 The most recent amendment to LEOSA further cl arifies that former law enforcement officers y not have been deemed as having “statutory employed by the U.S. Department of Defense who ma ity, under the Uniform Code of Military Justice powers of arrest,” but who do have the author (UCMJ), to apprehend suspects, meet the defi nition of “qualified law enforcement officer.” rry the photographic iden Qualified retired law enforcement officers must ca tification issued by the agency for which they were em ployed and have now separated. An officer separating from servi ce with his agency who has been officially found by a qualified medical professional employed by the agency to be unqualified for continued service for reasons related to mental health and, for that reason is not issu ed the photographic id entification described above and in the statute, is not a qualified reti red law enforcement officer as described in 18 USC 926C. Similarly, an officer who has entered into an agreement with the agen cy from which he is separating which acknowledges that the officer is not qualified under 18 USC 926C for reasons related to mental health a nd for these reasons will not r eceive or accept the photographic identification described above is no t a qualified retired law enforcem ent officer as described in 18 USC 926C. In addition to carrying the photogr aphic identifica tion issued by the agency for which they were employed or were separated, the qualified retired law enforcement officer must also carry documentation which certifies that they have met, within the most recent twelve month period, the on for a firearm of the same type as the one active duty law enforcement standards for qualificati they intend to carry. The standard the qualified retired law enforcement o fficer must meet is that of his former agency, the absence of State sta ndards—or the recognition that of the State in which he resides, or in thereof—the standards of any law enforcement agen cy in the State in which the qualified retired law enforcement officer and the certified firearms instructor resides. This document which certifies that the qualifie d retired law enforcement officer has met the standards described above must be issued by the retired officer’s former agency, by the State in which he lives, or by a certified firearms instru ctor that is qualifie d to conduct a firearms qualification test for active duty officers within that State. my State or any other documentation to Do I need a concealed carry permit from carry lawfully? No. Qualified active and retired law enforcemen t officers do not need any additional concealed carry permits or licenses. Federal law exempts them from local and State prohibitions on the carriage of concealed firearms. A qualified law enforcement officer needs to carry his photographic identification issued to him by his agency. A retired law enforcement officer needs to carry his photographic identification issued to him by the agency from which he has separated and a document that certifies that he has met, within the most recent twelve month period, the active duty la w enforcement standards for qualification for a 3

4 firearm of the same type as the one he intend s to carry. See above for more information on the cer must meet and what entitie standards a qualified retired offi s can issue this certification document. Can I carry any type of firear m or ammunition under this law? applies to the carriage No. The exemption provided under this Federal law of concealed firearms only. The definition of “firearm” in this statut e specifically excludes machine guns, silencers, explosives or other destructive devices as these terms are defined in Federal law. However, the Federal law does extend the exemp tion to allow the carriag e of ammunition “not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act.” This means that qualified active and retired la w enforcement officers may carry ammunition in States which may have prohibi ted the possession of certain a mmunition by persons not actively serving in law enforcement within that State. Am I also exempt from State laws pr ohibiting the possession or use of “high capacity” magazines? No. The Bureau of Alcohol, Tobacco, Firearms a nd Explosives (ATF) has ruled that State and local laws and regulations applying to magazi nes do apply and the exemption provided by LEOSA applies only to firearms and ammunition. Is the exemption provided by the law total—can I now carry anywhere at any time? No. The new law exempts all qualified active and retired law enforcement officers from State and with respect to the carrying of concealed fi local laws rearms. These officers are not exempt from governs the carriage of firearms onto aircraft or other “common Federal law or regulation, which carriers,” Federal build ings, Federal property, or national parks. In addition, State (not local) la ws which prohibit the carriage of firearms onto State or local government property and State (not local) laws which allo w private entities to prohibit firearms on their private property woul nd retired law enforcement officers. d still apply to qualified active a The law says I am exempt from the laws of “any State or any political subdivision thereof.” Does this mean the law is no t effective in Washington, D.C., Puerto Rico, or other U.S. territories? No. The law applies in these places as well. The term “State” is defined in Chapter 44 of Title 18, which is the portion of the U.S. Code that the Law Enforcement Officers’ Safety Act amends, and the one that applies when interpreting this Act. Section 921, Chapter 44 of Title 18 reads: “The term ‘State’ include s the District of Columbia, the of the United States (not including the Canal Commonwealth of Puerto Rico, and the possessions Zone).” 4

5 My agency has a policy that does not allow me to carry my firearm while I am off-duty. Does this mean that th is legislation will not benefit me? cer, you are legally able If you are a qualified active law enforcement offi to carry a firearm under ce or adopt policies, ru les, regulations, or 18 USC 926B. There may be agencies which enfor employment conditions which discourage or punis h officers which choose to carry while off-duty, but such actions do not mean that the officer can not carry lawfully under th e provisions of this statute. Your agency, however, can prohi bit you from carrying your agency -issued weapon, which is the property of the governmental entity. t agency with the U.S. Department of I work for a civilian law enforcemen Defense. My superiors, which include activ e military personnel, have told me that I do not meet the definitions of 18 USC 926B because I do not have statutory arrest authority, despite the fact that my agency can and does m ake arrests. Am I eligible to carry or not? Yes, you are. Recent amendments to the Federal law clarified that law enforcement personnel who have apprehension authority derived from the Unif orm Code of Military Ju stice (UCMJ) meet the definitions of qualified active and qualified retired law enforcement officer. I was injured in the line of duty and was se parated from service or forced to retire as a result of the injury. As a result, I do not have ten (10) years aggregated Am I excluded from carrying under the experience as a law enforcement officer. provisions of this new law? No. Officers who are injured on the job and retired fr om active service as a result of that injury are included in the bill, as per Section 926C(b)(3)(B). These retired officers are eligible to carry under ted their probationary term of service. the law, provided that they have comple ll qualify with the wea pon that they intend to carry every twelve Note that these officers must sti umentation requirements described above. months and are not exempt from the doc I am a fully-sworn law enforcement o fficer with statutory law enforcement authority but I work for a railroad, a private university, or other non-governmental employer. I attended the same police academy, received the same training and meet the same qualific ations as my law enforcement colleagues in my State. Am I able to carry under the statute as amended? Unless you are an employee of the Amtrak or Fe deral Reserve Police Departments, which are entities controlled by the Fede ral government but are not tech nically government entities, you must be an employee of a local, State or Federal governmental agency to carry a firearm under the statute as amended. 5

6 Does this bill allow me to carry a firear m on an aircraft, train or cruise ship? ied active and retired law enfor No. This legislation exempts qualif cement officers from State and local laws regarding the carrying of concealed fi rearms. The carriage of firearms on aircraft and other “common carriers” is regulated by ot her Federal statutes and carrier policy. 6

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