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Law Enforcement Officers Safety Act (LEOSA)
customs retired agent
bonzerwolf

If a person is covered by the LEOSA, then "notwithstanding any other provision of the law of any State or any political subdivision thereof," he or she may carry a concealed firearm in any state or political subdivision thereof. See Title 18, USC, Section 921, which defines "state" to also include the District of Columbia, Puerto Rico and U.S. Possessions. Thus, the LEOSA-qualified person does not generally require a state-issued permit for carrying concealed firearms.

However, there are two types of state laws that are not overridden by the federal law, these being "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." This does not mean that LEOSA-qualified persons are prohibited from carrying concealed firearms in such areas, but only that they must obey whatever state laws apply on those two points. They are free to disregard all other state and local laws that govern the carrying of concealed firearms.

The LEOSA overrides state and local laws, but not other federal laws. Thus, LEOSA-qualified individuals must continue to obey federal laws and agency policies that restrict the carrying of concealed firearms in certain federal buildings and lands.

Whether or not a person is covered by the LEOSA depends entirely on whether or not he or she meets the definitions in the federal law for either "qualified law enforcement officer" or "qualified retired law enforcement officer." It does not matter whether or not a given individual is defined as a "law enforcement officer" under the law of his state; only the definition in the federal law applies.
 

Requirements to be covered by the law

In order to be covered as a "qualified law enforcement officer," a person must meet each and every one of the following criteria: He or she must be (1) "an employee of a governmental agency"; (2) "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"; (3) has "statutory powers of arrest"; (4) "is authorized by the agency to carry a firearm"; (5) "is not the subject of any disciplinary action by the agency"; (6) "meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm"; and (7) "is not prohibited by Federal law from receiving a firearm." In addition, the privilege conferred by the law applies only when the individual "is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.

In order to exercise the privilege, the LEOSA-qualified individual must carry "the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer."

In order to be considered a "qualified retired law enforcment officer," one must be a person 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 . . ."

Even if the retiree does qualify under each numbered requirement quoted above, he must possess one of two types of permissible identification: Either "(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."

 

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The old wolf can still shoot straight after a year of retirement.

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