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Frequently Asked Questions (LEOSA/HR218 ONLY):

Burban v. City of Neptune Beach, Fla., No. 3:17-CV-262-J-34JBT, (11th Cir. 2019)

Do agencies have to issue retirement identification?

  • (Principle)The law does not require agencies to provide retirees the proper identification.

  • Nothing in the text or legislative history of LEOSA supports a conclusion... that Congress intended to require all states to issue … identification to any officer or retired officer that falls within the definition of a qualified law enforcement officer or qualified retired law enforcement officer.

  • This issue should be resolved BEFORE the officer retires. Get unions, associations, city council, and others involved while you have the most influence.

 

8 U.S.C.A. § 926B(e)

Can I carry any firearm I want?

  • (Legal Rule) Active duty officers can carry any firearm transported in interstate commerce, except machine guns, silencers, and destructive devices.

  • (Legal Rule) Retired officers can only carry the same “type” of firearm they qualified with.

  • 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 active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm.

  • 18 U.S.C.A. § 926C

 

Best Practice

  • Type depends on what the qual states. If it says “semi-auto” then this includes AR rifles, and handguns. If it says handguns, then it doesn’t include rifles. If it says revolvers, it doesn’t include semi-auto handguns.

  • I do not recommend concealing a firearm manufactured in the same state as officer’s domicile.

 

Firearm Manufacturer Origin:

Beretta:

  • Italy or Tennessee

CZ Czech:

  • Republic or Kansas City

Glock:

  • Austria or Georgia

Kel-Tec:

  • Florida

Sig Sauer:

  • New Hampshire

Wilson:

  • Arkansas

 

18 U.S.C.A. § 921

 

Can I carry an AR pistol?

  • (Legal Rule) Active and retired officers may carry an AR pistol as long as it is concealed. Retirees must have handgun or semiauto type.

 

Can I conceal a rifle (like SBR)?

  • Yes for active duty. Retirees must comply with type restriction.

 

Firearm “Type”

As a retiree, my qual states a specific firearm. How does that affect the “type” restriction?

  • Departments should not list a specific firearm, just type. Still, retirees should be able to conceal other types not listed.

“In giving off-duty and retired police officers broad authority to nullify State and local gun safety laws, H.R. 218 is not limited to the carrying of officers' authorized weapons…. As long as an officer received authorization to carry a particular kind of firearm (such as his service weapon), he could carry concealed any other kind of firearm while off-duty or retired ….”

  • Firearms Law Deskbook § 4:10

 

Can I carry any ammunition I want?

  • (Legal Rule) Active and retired officers may carry any ammunition as long as not prohibited by federal law (e.g. armor piercing ammo).

  • 18 U.S.C.A. § 926B

  • 18 U.S.C.A. § 921(C)(e)(1)

  • (1) the term “firearm”-- (B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act.
     

18 U.S.C.A. § 926B(e)

 

Can I conceal non-department authorized firearms?

  • (Legal Rule) Yes, these are two separate issues. The department cannot restrict the firearms concealed under LEOSA.

  • Congress “rejected a proposal to limit the firearms that could be carried to those authorized by a department, such as handguns, thereby allowing “off-duty and retired officers … to carry concealed shotguns, sniper rifles, or other weapons that their own police departments have not authorized them to carry.”

  • Firearms Law Deskbook § 4:10

 

Can I carry high-cap magazines despite a contrary state law?

  • (Legal Rule) This is unsettled under LEOSA. The best advice is to comply with local magazine restrictions (which are likely unlawful anyway).

  • § 4:10. Entitlement to carry firearms under the Law Enforcement Officers Safety Act (LEOSA), Firearms Law Deskbook § 4:10

Can I carry a homemade firearm (80% gun)?

  • (Legal Rule) LEOSA will likely not cover a homemade firearm since it was not transported or manufactured in interstate commerce.

  • 8 U.S.C.A. § 926C(e)

 

Should I also get a state permit?

  • (Best Practice) Generally, I recommend retirees have a state permit along with LEOSA. The permit may cover you when LEOSA doesn’t (missed qual, other firearm types, gun free zones).

 

What if I encounter an officer who believes I’m in violation of state law?

  • (Best Practice) Stay calm, remain professional. You should have a copy of LEOSA and show them. Request a supervisor if necessary.

 

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