The Law Enforcement Officers Safety Act (LEOSA) is a vital piece of legislation that impacts both active and retired police officers, providing certain privileges and protections related to the carrying of concealed firearms. I am often asked how it may apply in certain situations or in specific jurisdictions - "but can I carry?"
LEOSA Basics
LEOSA, enacted in 2004, is designed to ensure the safety of law enforcement officers by allowing them to carry concealed firearms across state lines. It also provides increased public safety. This federal law grants qualified active and retired officers specific privileges, recognizing the importance of their roles in public safety.
LEOSA for Active Police Officers
LEOSA extends certain protections to active "qualified law enforcement officers," who are defined as: (1) officers who have the power of arrest and engage in law enforcement activities, (2) are authorized by their agency to carry a firearm, (3) are not subject to any disciplinary action by the agency that could result in suspension or loss of police powers, (4) meet agency standards/qualification with the firearm, (5) are not under the influence of alcohol or drugs, and (6) are not prohibited by federal law from receiving a firearm. Active officers are covered under LEOSA when off-duty or outside their jurisdiction. This allows them to carry concealed firearms in other states, even if those states have restrictive gun laws.
However, active officers should be mindful of the fact that LEOSA protections may not apply in all situations. For instance, officers may still be subject to state or local laws regarding the possession and use of firearms, and certain private properties may prohibit firearms despite LEOSA. For example, if a state law prohibits the possession of firearms in state parks, an out-of-state officer carrying under LEOSA, would have to follow that state's law.
LEOSA for Retired Police Officers
LEOSA is perhaps most well-known for its application to "qualified retired law enforcement officers." To qualify, a retired officer must have separated from service in good standing after at least 10 years of service, carried a firearm as part of their official duties, met the agency's firearm qualification standards, and not been disqualified for reasons related to mental health or misconduct. Additionally, retired officers must qualify each year.
Retired officers meeting these criteria are granted the privilege of carrying concealed firearms across state lines, irrespective of their state of residence. This provision is especially significant for those who wish to maintain their personal safety or contribute to public safety after retirement.
Considerations for Both Active and Retired Officers
Firearm Qualification: Whether active or retired, officers must maintain proficiency by meeting their agency's or state's firearm qualification standards. This includes regular training and certification to ensure the safe and effective use of firearms.
Identification: Both active and retired officers must carry proper identification, including photographic ID issued by their law enforcement agency and, for retired officers, a certification of firearms qualification.
Understanding Local Laws: Regardless of LEOSA protections, officers must be aware of and comply with state and local laws when carrying concealed firearms. Some jurisdictions may have additional requirements or restrictions that officers need to navigate.
Private Property Restrictions: Officers, both active and retired, should recognize that private property owners retain the right to prohibit firearms on their premises. LEOSA does not override these property rights. For example, no, retired officers cannot carry in Madison Square Garden!
LEOSA plays a crucial role in safeguarding the rights and safety of both active and retired police officers. By understanding the intricacies of this legislation, officers can navigate its provisions effectively, ensuring they remain in compliance with the law while prioritizing their personal and public safety. Staying informed about updates to LEOSA and related state laws is essential for all law enforcement professionals, helping them make informed decisions regarding the carrying of concealed firearms both on and off duty.
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