Law Enforcement Officers Safety Act (2004)
On July 22, 2004, President George W. Bush signed into law the “Law Enforcement Officers Safety Act.” This new law exempts active and retired law enforcement officers from state and local prohibitions with respect to carrying a concealed firearm. Previously, individual states determined whether out of state officers could carry a concealed firearm within its borders. In effect the Law enforcement Officers Safety Act overrides state laws and mandates that retired and active officers can carry concealed weapons in every state.
The Act does not supersede state laws restricting possession of firearms on state or local government property. It also gives private persons or entities the right to prohibit or restrict the possession of concealed weapons on their property. Such entities could include clubs, bars, amusement parks, ballparks, etc.
Frequently Asked Questions About the Act(FAQ)
- What does the law do?
- Essentially, the law permits certain individuals employed as law enforcement officers (LEO) to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce provided he/she meets two requirements: 1) he/she is a “qualified” LEO and 2) he/she carries the appropriate identification. The law exempts qualified individuals from prohibitions that may have otherwise been imposed by state and local governments.
- Who is a “qualified” LEO?
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The law distinguishes between qualified (active) LEOs and qualified retired LEOs. A qualified (active) LEO is an employee of a governmental agency who meets six criterion:
- He/she 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.
- He/she is authorized by the agency to carry a firearm.
- He/she is not the subject of any disciplinary action by the agency.
- He/she meets the standards, if any, established by the agency which requires the employee to regularly qualify in the use of a firearm.
- He/she is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
- He/she is not prohibited by Federal law from receiving a firearm.
An individual is a qualified retired LEO if he/she meets the following seven standards:
- He/she must be retired in good standing from service with a public agency for reasons other than mental instability.
- Before such retirement, he/she must have been authorized by law to 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. - Before such retirement, he/she must have been either regularly employed as a LEO for a total of 15
years or more or he/she retired from service with such agency after completing any applicable probationary period, due to a service-connected disability, as determined by such agency. - He/she has a nonforfeitable right to benefits under the agency’s retirement plan.
- During the most recent 12-month period, he/she has met, at-his/her own, expense, the State’s standards
for training and qualification for active LEOs to carry firearms. - He/she is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
- He/she is not prohibited by Federal law from receiving a firearm.
- What is the appropriate identification?
- For an active qualified LEO, the appropriate and required identification is a photo identification issued to the individual by the governmental agency for which he/she is employed as a LEO.A qualified retired LEO is required to provide a photo identification issued by the agency from which he/she retired as a LEO. Additionally, that identification must indicate that he/she has, within one year of 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 LEOs to carry a firearm of the same type as the one concealed. As an alternative to this additional proof, a qualified retired LEO may provide a certification issued by the State in which the individual resides that indicates he/she has, within one year of the date he/she 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 LEOs to carry a firearm of the same type as the concealed firearm.
- What is a “firearm” for the purposes of this law?
- A firearm is any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or the frame or receiver of any such weapon. The law specifically excludes any machinegun, any firearm muffler or firearm silencer, and any destructive device as defined by Title 18, Chapter 44, section 921 of the United States Code.