The Law Enforcement Officers Safety Act of 2004 delineated the national off-duty concealed firearms carry rights and requirements for active sworn, and retired, law enforcement officers. Senate S.1132 and House H.R. 3752 were bills introduced in 2009 to amend the original LEOSA and make needed improvements.
Becoming Public Law No. 111-272 on 10/12/2010, the following changes to LEOSA went into effect:
- More clearly defines disciplinary action in LEOSA’s language to be discipline “which could result in the loss of police powers.”
- Retired officers are now referred to as “separated from service in good standing.” It lowers their required years of service to 10 years, eliminates the “nonforfeitable” pension or benefit requirement, and eases firearms qualifications to those standard by agency, state, or state certified instructor of LEO’s.
- Includes the carry of ammunition “not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act.” Federally legal ammunition, such as hollow-point bullets, can be carried where state law would normally prohibit it (i.e. New Jersey).
- Amtrak, Federal Reserve, and Federal executive branch law enforcement officers are now included in the “qualified” LEO definition.
Here at Bluesheepdog.com, we vehemently advocate LEO’s availing themselves of their responsibility to carry firearms, and the necessary gear, to respond to life-threatening encounters each and every day.
The federal government believes that trained law enforcement officers enhance the safety of all citizens. LEOSA recognizes that police officers do not go off duty at the end of a watch.
Following state and federal laws, and my agency’s SOP, I have carried a concealed firearm in travels from New York to California. In a future article, I will discuss airline travel with a firearm in checked luggage. Also, make sure you understand that LEOSA does not exempt officers from the Federal Gun Free School Zones Act.
Please stay vigilant and prepared.
Randy is a twenty-three year veteran officer of a mid-size Florida police department. He served as a SWAT team officer for 21 years, to include 12 years as a team leader. His other duties included police K9 handler, FTO, and detective. Currently serving as a midnight shift sergeant, he is also his department’s SWAT Coordinator.
Both Active and Retired Police Officers from New Jersey have to qualifiy twice yearly under their laws, in order to comply with HR-218 LEOSEA. Does an out of state- active or retired police officer have to meet this semi annual New Jersey qualification, in order to carry a handgun in New Jersey?
Charles, If you are asking do you have to qualify under a states policy/law/procedure that they may have in place to actually “qualify” to carry in that state (one that you DO NOT RESIDE IN) the answer is no. And no to the having to qualify as many times as they do in a visiting state (like NJ)–
As long as you met the requirements of your resident state, you do not need to satisfy the “visiting” states requirements, that would be absolutely ridiculous. N.J. (which as a state completely sucks when it comes to carrying concealed even as a LEO– sorry Blue Sheep Dog just saying it like it is- as a former LEO & resident from there I can bitch about my home state) can mandate that all firearms carried concealed must be colored pink or purple, however LEOSA supersedes those state law. Just watch your round count in the higher cap guns (over 15 rounds) and now we can carry hollow points (since they are not in violation of any NFA)
NJ, NY, Hawaii and a few other states make us LEO’s jump through the stupidest hoops, just because they are all anti-firearm from the top on down. Google Hawaii LEOSA and look at the forms that those retired officers have to produce to carry in Hawaii. They request medical evaluations, mental ones too, and a doctors note saying that this person is fit to carry a firearm. What B.S.
In Florida when LEOSA became law, we never had to shoot any kind of qualification course except for what we did in/at the academy(read ONLY ONCE) . And once you qualified there, it was your agency that either did have some kind of qualification course that you needed to pass, or it had nothing at all.
I went carrying under LEOSA for a few years without any kind of qualification card since Florida did not have any standardized testing/shooting course. Florida finally came up with a state standardized qualification course that must be shot by all LEO’s, which is now also our standard LEOSA course which we shoot once a year. Back in the day, most agencies could not afford, nor did they have the man power to have LEO’s off the streets qualifying, and the issue of $$$$ was also a factor. Lots of little counties just could not get dollars together to get any qual for the LEOs which did everyone a disservice.
No apologies needed Peter. Sounds like you’ve got it right (about NJ and everything else).
Thanks and stay safe!
Richard
I am a retired NJ State LEO, now living in GA… Can I do my semiannual quals here, or do I have to go to NJ to do them?
Jim
You do NOT have to qualify twice a year under the LEOSA. Contact Ernie Tobin at the Publuic Safety Training Center in Forsyth County and they handle all the certifications of Retired LEO’s in GA. I’m retired from NJ and lived in GA for 10 years up until 6 months ago.
How is it even remotely ok that an off duty officer is not allowed to carry in a school zone? I know that it is paramount that our children be protected, but come on!!! As a father and a LEO, I break this law every time I drop my children off at school because I’ll be damned if I’m not carrying and something happens!
Ed,(crap you got me started- so hang on brother)
First of all, most states exempt active duty LEOs’ (that does not mean that your in your uniform, driving your cruiser, within your jurisdiction etc) Just that you are a certified LEO in the state your kid goes to school in.
I do not believe (I’m not an attorney nor do I play one on the Internet & your mileage may vary) that if you write to your AG’s office (your State AG’s office not the local yokels ) and you explain your situation that their response will tell you not to carry your firearm anywhere on school property, but probably direct you to your state statures (laws) which says something like:
?790.051Exemption from licensing requirements; law enforcement officers.—Law enforcement officers are exempt from the licensing and penal provisions of this chapter when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty.
History.—s. 11, ch. 69-306.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.051.html
They may also tell you that ” And while in the scope & your duties as a LEO for our Great State of ________ you are authorized to carry your firearm concealed at all times, you are never “off duty”, and should act upon any active violent felony that may occur in your presence”.
I don’t write the legal jargon, but you get the drift. The de-fanging of us as LEO’s , whether carrying under LEOSA as a retired officer or an active duty LEO in plain clothes just not “on the clock” is completely stupid. It’s creating a “Gun Free Zones” that only psychopaths looking to harm and kill our kids ignore, and law abiding LEO’s are afraid to challenge. I say stop the pussification of LEO’s (SheepDogs) and let us do what we do best. Which is protecting Sheepeple.
How fast can the SRO get to a potential active shooter on his golf cart? No wait, are they even going to go towards the gunfire at all? You understand.
Read you states CCW law & provisions that apply for active LEO exemption. Some laws say that if, you are legally carrying a CCW (LEOSA or your own states CCW’s permit) that you can do your daddy drop-off and not have any problems at all. You are not introducing your firearm into the school facility or any building at any time. Place where firearms are the “norm” have other laws that extend to the CCW holders protection as linked below
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.251.html
?790.251Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts; duty of public and private employers; immunity from liability; enforcement.—
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0790/Sections/0790.06.html
?(12)(a)A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:
?1.Any place of nuisance as defined in s. 823.05;
?2.Any police, sheriff, or highway patrol station;
?3.Any detention facility, prison, or jail;
?4.Any courthouse;
?5.Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom;
?6.Any polling place;
?7.Any meeting of the governing body of a county, public school district, municipality, or special district;
?8.Any meeting of the Legislature or a committee thereof;
?9.Any school, college, or professional athletic event not related to firearms;
?10.Any elementary or secondary school facility or administration building;
?11.Any career center;
We need those modifications to LEOSA or GFSZA now. Particularly after the Connecticut events. LEO’s should not have to worry about concealed carry when off-duty on a school’s property. And a few more off-duty or retired cops with guns at the schools would be a good thing in my opinion.
I am a retired police officer from Indiana. I have recently mored to Florida (Treasure Coast area)
My yearly qualification requirement to carry concealed under LEOSA has expired. Can anyone direct me to an agency/individual who can renew my qualification certificate in this area.
Thanks in advance for any information.
Stay safe
Hi Randall,
Check out FDLE’s web page that lists all of the regional academies in Florida: http://www.fdle.state.fl.us/Content/getdoc/f1431117-7788-4e70-bb0a-86d4f7717558/Training-Centers.aspx Check for ones that are close to you and give them a call. I think most if not all of the Florida academies are running the classes.
Best,
Richard
Thanks for the info Richard, I’m not sure what you mean by classes. Do I have to take a class. All I need is to requalify
I am a retired police officer from Indiana. I have recently mored to Florida (Treasure Coast area)
My yearly qualification requirement to carry concealed under LEOSA has expired. Can anyone direct me to an agency/individual who can renew my qualification certificate in this area.
Thanks in advance for any information.
Stay safe
I am a retired LEO from NJ, hopefully moving to TN in the near future. The interesting question will be magazines in light of new “Assualt Weapon Bans” and magazine restrictions. Will there be an exemption for retired LEOS? How about off duty Active LEOS. Imagine being in NY State with your glock carrying under LEOSA and being arrested anyway not for the gun but for the 10 round magazine. I am not sure how this will all shake out, but maybe we need to start pushing for LEOSA to cover magaznes as well as the guns and ammo. What do you guys think.
N.Y. pushed this bill too fast. It was intended to so that there was not a rush on sales (Gov. Cuomos words). As it stands, no new guns will be sold with a clip/magazine that holds more than 7rds. If your off duty carry weapon has a clip/magazine with a 10rd capacity, you can use it. But you can legally only hold 7rds in it. If your weapon has a clip/magazine that holds over that amount (10 or more), you have until april 2014 to sell it out of state or destroy it. It will be illegal and punishable to carry one. They pushed this through without taking into consideration of active/retired LEO’s. I have read that they are bringing this to the legislators this week for ammending. We’ll see, N.Y. is anti gun on both sides of the law.
Some will not agree with me, but I don’t see why active or retired LEOs should get any kind of exemption from New York’s infringement on the people’s rights.
I’ve been a cop since ’97, but a citizen a lot longer than that. The rights of a citizen supersede the privileges of the office, I think. If we forget that, then we are no better than the politicians in Washington.
-Richard
I’m reasonably certain that no LEO (in this chat room, or anywhere else for that matter), is attempting to assert that we have a right to break the law, or that we are “better” than citizens. Rather, it’s a matter of PRINCIPLE regarding the stupidity involved with NY state ammo/magazine capacity restrictions NOT being superceded by LEOSA, thus allowing current or retired LEO’s an exemption to said restriction. LEOs have like 10 times more training and background checks than the average citizen, and allowing LEOs to protect themselves as they travel abroad, AND increasing the likelihood that they can adequately protect the public WHEREVER THEY ARE, is in fact, the entire purpose of LEOSA in the first place ..
Can any of you guys tell me if out of state retired law enforcement officers will be included in the New York exemptions under LEOSEA?
Thanks,
Charlie
At this time not even active duty NY police officers and state police are not exempted from the NY retard bill. Leosa exempts ammo, and the gun but not the magazine. You would be restricted to the 7 round magazine restriction. Also a lawsuit has already been filed challenging the NY ban.
Thanks Bill,
Charles
As Bill stated; there are problems with this ****bill. They didn’t include active duty police/peace officers from the bill, they are however exempt from it under N.Y. penal law. A blanket lawsuit was entered on this 2 days ago, we’ll see how that goes. I’ll try to further address your LEOSA satus, revolvers are exempt, as of 04/2013 you cannot purchase a pistol that has a magazine capacity of more than 7rds. If your pistol has a 10rd mag you can use it, but “only” have 7rds in it. That will be punishable under law. As of 04/2014 all magazines with the capacity of carrying more than 10 are illegal in N.Y. and a punishable offense. They do have an ammendment going forward to try and exempt LEOSA elligable officers. They rushed this law to avoid a rush in sales. Hope that helps. When I get more info I’ll pass it along.
Pat,
Thanks for your help and assistance.
sincerely,
Charlie
I am a retired p.o.from mass. If I dont have a state license to carry I cant buy a gun or amunition,I also have a license to carry in fl. but cant buy a gun because im not a resident how do you buy a gun
Bill
Bill,
If Massachusetts requires you to be licensed to exercise a constitutionally protected right, I don’t know what to tell you. It is easy for me to suggest moving to a state that doesn’t oppress it’s citizens, but then I’m not in your circumstances.
If you want to stay in MA and own a firearm, it would seem you need to be licensed and registered. You might want to touch bases with Jay G at the Stuck in Massachusetts blog MArooned. He definitely knows your laws batter than I.
Richard
Can you tell me if the “aggregate 10 years of service” (as it applies to retired/former LEOs meeting the requirements to be covered by LEOSA), all must be done with same agency ??? In other words, if a former LEO does in fact have a minimum of 10 years of former service as a commissioned Officer, but say 3 years of service were with one agency, and 7 with another, (or broken up among any number of multiple agencies with the sum equaling 10 years), and assuming he/she meets of all of the other criteria, is he/she still covered by LEOSA ???