There still is some confusion on what LEOSA allows for the retired officer. As a range master for your department is important you familiarize yourself with the particulars of this act and cover it with your retirees to prevent errant violations of the law. The act is straightforward but the application varies state to state and can be confusing. This is a basic review of LEOSA. Please research further to better understand LEOSA and do not be afraid to ask for help!
What is LEOSA?
Law Enforcement Officers Safety Act of 2004 – Amends the Federal criminal code to authorize a qualified law enforcement officer carrying photographic governmental agency identification to carry a concealed firearm, notwithstanding any State or local law. Declares that this provision 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.
Defines “qualified law enforcement officer” as: (1) a current governmental agency law enforcement officer who is authorized to carry a firearm, who is not the subject of disciplinary action, who meets agency standards which require the employee to regularly qualify in the use of a firearm, and who is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (2) a retired law enforcement officer who retired in good standing from public agency service, who was regularly employed as a law enforcement officer for at least 10 years, who has a nonforfeitable right to agency retirement benefits, who has met the State’s standards for training and qualification for active law enforcement officers to carry firearms during the most recent 12-month period, and who is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
Excludes from the definition of “firearm” any machine-gun, firearm silencer, and destructive device.
What it allows
LEOSA allows qualified active and retired law enforcement officers the privilege to carry a concealed firearm in all fifty states, the District of Columbia, Puerto Rico, and all other U.S possession (except Canal Zone). LEOSA also covers rifles and shotguns. The key to carrying a handgun, rifle or shotgun is to have a valid qualification for each weapon system with your agency or other agency you qualify under.
What is does not allow
Officers should be aware LEOSA is carrying under Federal Law and not state laws. Therefore, officers are subject to each state they visit or reside in and it is incumbent they become familiar with the laws of the state they live in or visit. Expressively written into the statute are several areas considered off-limits to carrying under LEOSA such as restrictions imposed by private persons or entities on their property and those imposed on state or local government property, installations, buildings and parks. Also, for example, magazine capacity limits and certain type of ammo forbidden by state laws also apply. LEOSA only carry prohibits carrying in Federal facilities, Federal Parks and Gun Free Zones. State Issue permits may allow carrying in Gun Free Zones and certain other areas forbidden by LEOSA only carry.
Best Practices for carrying under LEOSA
To my knowledge and research there has been no known prosecutions of individuals violating Gun Free Zone laws (may be due to professional courtesy). I always recommend the retirees and officers to check the local state laws they plan to travel too beforehand. I also recommend they obtain a carry permit if allowed in the state they plan to live even if constitutional carry is an option.
