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View Full Version : Can CA LEO conceal carry out of state?


darksands
02-17-2009, 5:31 PM
Having a badge allows LEOs to conceal carry in CA but when they go out of state, are they allowed to carry concealed weapons without a permit?

Decoligny
02-17-2009, 5:54 PM
H.R. 218 passed into law and allows officers from all 50 states to carry concealed in all 50 states, on or off duty.

eltee
02-17-2009, 5:57 PM
And when honorably retired.

Quiet
02-17-2009, 6:14 PM
Under the LEOSA of 2004...

In order to be covered as a "qualified law enforcement officer," a person must meet each and every one of the following criteria: He or she must be (1) "an employee of a governmental agency"; (2) "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"; (3) has "statutory powers of arrest"; (4) "is authorized by the agency to carry a firearm"; (5) "is not the subject of any disciplinary action by the agency"; (6) "meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm"; and (7) "is not prohibited by Federal law from receiving a firearm." In addition, the privilege conferred by the law applies only when the individual "is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.

In order to exercise the privilege, the LEOSA-qualified individual must carry "the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer."

In order to be considered a "qualified retired law enforcment officer," one must be a person who "(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability; (2) before such retirement, was 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 had statutory powers of arrest; (3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or (B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency; (4) has a nonforfeitable right to benefits under the retirement plan of the agency; (5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms . . ."

Even if the retiree does qualify under each numbered requirement quoted above, he must possess one of two types of permissible identification: Either "(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that 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 standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm;" OR "(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and (B) a certification issued by the State in which the individual resides that indicates that 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 State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm."

In all other respects, the provisions of the law that apply to a "qualified retired law enforcement officer" are the same as those for a "qualified law enforcement officer" (e.g., no carrying while intoxicated, etc.).

Liberty1
02-17-2009, 7:36 PM
But LEOSA (HR218) doesn't protect out of state LEO CC on that state's government property or parks where firearm possession is prohibited or from the federal school zone act (or any federal possession prohibition for that matter). That LEO also cannot CC legally in National Parks found in that state under the new rule change.

The way to legally get around these places where LEOSA doesn't protect the visiting officer is to possess a license/permit to carry which that state recognizes, which is why I got my n/r UT recently.

darksands
02-17-2009, 10:09 PM
Thank you all for the responses. Much appreciated.