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H.R. 218, the “Law Enforcement Officers’ Safety Act”
On 22 July 2004, the Presidnet signed into law H.R. 218, the “Law Enforcement Officers’
Safety
The bill exempts qualified active and retired law enforcement officers from local and State
prohibitions on the carrying of concealed firearms.
Frequently Asked Questions (FAQs) about H.R. 218:
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.
A “qualified active law enforcement officer” is defined as 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 active law enforcement officers must carry the photographic identification issued by the 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 above, you may carry a concealed firearm under the provisions set out in the bill.
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.
Qualified retired law enforcement officers must carry the photographic identification issued by the agency for
which they were employed and documentation
which shows that they have met the qualification standards in their State of residence for the firearm they are carrying.
The definition of “firearm” specifically excludes machine guns, silencers, explosives or other destructive
devices as these terms are defined in Federal law.
I am a fully-sworn law enforcement officer with statutory law enforcement authority, but I work for a private
university or other non-governmental employer. Will I be able to carry under the provisions of H.R. 218?
No. You must be an employee of a local, State or Federal governmental
agency to carry a firearm under the provisions of this legislation.
My agency has a policy that does not allow me to carry my firearm while I am off-duty. Does this mean that this
legislation will not benefit me?
If you are a qualified active law enforcement officer, you will legally be able to carry a firearm under the
provisions of H.R. 218. There may be agencies which enforce or adopt policies, rules, regulations, or employment conditions
which discourage or punish officers which choose to carry while off-duty, but such actions do not mean that the officer cannot
carry under the provisions of the bill.
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