LEOSA - Law Enforcement Officer's Safety Act (H.R. 218, 2004)

[cooper669]

Originally Posted by GlockedAndLoaded

It's my understanding you should. Can't you lawfully purchase standard capacity mags and off roster firearms from any LGS?



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Yes but this law is kind of ambiguous. Most of the information out there is regarding Retired LEO.

I have sent emails to my local County Sheriff and the OAG for clarification. Let's see if I get a response.

[cooper669]

Well, it's been a month now and just as I figured I haven't gotten a response from either. I guess they can't/won't answer any questions when they have no idea what it is......f#@%#n worthless.

[PopsA408]

For the retired/disabled/separated Air Force. Here is a briefing on the Air Force implementation of LEOSA.

I'm hoping any active duty folk already know this!

looks like August, so probably October/November, they will have a web site where one can register for an ID card to prove ones service. It will involve an expense and you must take a "Local LE Conceal Carry Course". More to be determined on the requirements I'm sure. You need 10 years of Air Police, or Security Police, or Security Forces Acitive Duty to qualify.

http://afsf.lackland.af.mil/LEOSA/EC-LEOSA-Briefing.pdf


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[AR15Man]

Originally Posted by cooper669

Well, it's been a month now and just as I figured I haven't gotten a response from either. I guess they can't/won't answer any questions when they have no idea what it is......f#@%#n worthless.

Call them again and cite the following CADOJ opinion;
http://oag.ca.gov/firearms/exemptpo

Policy Change Regarding State Exemptions for Authorized Peace Officers

Effective immediately, peace officers who have legislative authority to carry and use firearms(i.e.LEOSA) may, without a letter signed by the head of their agency or the agency head's designee, purchase non-rostered handguns and/or large capacity magazines. The peace officer must present a valid peace officer identification card and the dealer must retain a copy of the identification card on file. (PC 12132 & 12133). A letter is still required from the head of the agency to exempt the peace officer from the ten day waiting period. (PC 12078).

Hopefully you'll get some forward movement using their own legal opinion.

[Librarian]

See also http://www.calguns.net/calgunforum/s....php?t=1402350 about the Navy.

[whatevs09]

First batch of LEOSA Navy cards are in the mail!!!

https://www.facebook.com/defenseconsultingservices/

[blattrm]

Are there any other out of state retired/separated officers who qualify for HR218 and are monitoring this site and willing to share some info?

I qualify under HR218 (from NJ) and trying to figure out if most officers these days would even recognize a HR218 qualification card issued by a POST instructor, especially here in CA.

Does anyone have any experience on what they carry and what they suggest?

How much documentation do i really need to have with me besides old agency ID and current POST firearm qualification signoff???

Some people don't even know what LEOSA is, and others have widely varying opinions of what type of ID to carry....

thanks in advance !!

[whatevs09]

simply ensure your ID is compliant with the US Codes above and have the range qual. that is within the last 12 months. Yes, each agency's LEOSA ID will look different. Have the US Codes listed above ready to present to any law enforcement that questions LEOSA's validity. I carry MP Shield or Glock 19.

[whatevs09]

Another LEOSA amendment coming! https://bacon.house.gov/media/press-...ry-legislation

[whatevs09]

blattrm, what county do you live in? In Shasta Co., the sheriff hosts annual LEOSA quals. for ALL which is great because it is a face to face meeting so the active LE know who you are, just in case.

[dogrunner]

Originally Posted by whatevs09

Another LEOSA amendment coming! https://bacon.house.gov/media/press-...ry-legislation

Has anyone seen text on the proposed revision?

[Librarian]

Originally Posted by dogrunner

Has anyone seen text on the proposed revision?

HR 6105, introduced 6/14 - see https://www.congress.gov/bill/115th-...5%22%5D%7D&r=3, which says 'A summary is in progress'

[whatevs09]

Here is HR 6105 as introduced, I like it alot!!!! Although I would have added another section, "any government owned or operated buildings and adjacent grounds that do NOT have armed security during business hours."

https://www.congress.gov/115/bills/h...15hr6105ih.pdf

[whatevs09]

July 10, 2018

Dear Mr. G,


Thank you for contacting our office to share with me your thoughts and suggestions concerning a bill I introduced into the 115th Congress. I value the information and perspective you have shared, and would like to express my gratitude for your outreach.

On June 14, 2018, I introduced H.R. 6105, the Law Enforcement Officers Safety Act (LEOSA) Reform Act with Representatives Scott Perry (PA-04) and John Rutherford (FL-04) as original cosponsors. Current and retired law enforcement officers go through in-depth training that prepares them to safely handle a firearm, and the LEOSA Reform Act would improve concealed carry laws for our current or retired law enforcement officers by easing training burdens and restrictions on carrying.

I appreciate hearing your input and suggestions on how we can expand this bill’s impact to allow qualifying, current or retired law enforcement officers, to carry a firearm on local, state, or federal property if that property is not actively guarded by armed security or law enforcement. This is an important matter that deserves attention, and you can be sure that I will continue delving into the subject. This bill is just one step in an incremental process, and I will be sure to keep your feedback in mind as work on this issue continues.

Again, thank you for your message and willingness to share your thoughts. It is an honor to represent the great people in the Second Congressional District of Nebraska.

Respectfully,

Don Bacon

[whatevs09]

https://defensemaven.io/bluelivesmat...E9H76j_m23XMtY

Mr. Bacon will introduce LEOSA amendment in next Congress with more perks than HR 6105 had. Good to know he listens to those of us who are affected by LEOSA.

[Librarian]

On the other hand, Hawaii has issued an opinion that LEOSA does not apply there - see https://www.thetruthaboutguns.com/20...of-state-cops/ and https://ag.hawaii.gov/cjd/files/2013...-QLEO-926B.pdf

[whatevs09]

Hopefully those who fight HI on this, will use Duberry v. District of Columbia (2016). Very solid basis on how states must recognize LEOSA in their states, (among other arguments).

Here is the DC District Court Memo. Opinion, June 2018

https://ecf.dcd.uscourts.gov/cgi-bin...?2014cv1258-67

[Ubermcoupe]

Originally Posted by Librarian

On the other hand, Hawaii has issued an opinion that LEOSA does not apply there - see https://www.thetruthaboutguns.com/20...of-state-cops/ and https://ag.hawaii.gov/cjd/files/2013...-QLEO-926B.pdf

That opinion is from 2013 (revised 2015). Not sure how actively enforced it is.

Anybody travel to Hawai'i recently and get hassled?

[Ron-Solo]

Any amendments should include punitive action for any Officer, Department, or prosecuting attorney that violates LEOSA. It’s the only way this nonsense will stop.

[whatevs09]

Originally Posted by Ron-Solo

Any amendments should include punitive action for any Officer, Department, or prosecuting attorney that violates LEOSA. It’s the only way this nonsense will stop.

18 US Code 242

[P5Ret]

Originally Posted by whatevs09

18 US Code 242

You might want to actually read the section prior to posting as applicable.

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

You'll have a hard time selling that a state AG saying that LEOSA doesn't apply in his state was based upon race, color or the person being an alien.

[whatevs09]

Originally Posted by P5Ret

You might want to actually read the section prior to posting as applicable.

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

You'll have a hard time selling that a state AG saying that LEOSA doesn't apply in his state was based upon race, color or the person being an alien.

thx

[wazafuzz]

Originally Posted by Ubermcoupe

That opinion is from 2013 (revised 2015). Not sure how actively enforced it is.

Anybody travel to Hawai'i recently and get hassled?

Was just there a few weeks ago, went down to HPD like a good boy and registered my XDS. No problems, gave the guy doing the prints a patch and talked with him for a bit.
Like everywhere else, the rank and file are pretty much pro gun, it's the politicians that suck.
Only a matter of time before this is taken to court, hope there's some punitive fines involved for the state.

[whatevs09]

Not much detail. Only thought is to make sure to follow the state laws (as detailed in the LEOSA law). Even so, if in unfriendly states such as MA, CA, NY, etc. you may be arrested.

https://mdcoastdispatch.com/2019/01/...nuary-18-2019/

[Ubermcoupe]

Originally Posted by whatevs09

Not much detail. Only thought is to make sure to follow the state laws (as detailed in the LEOSA law). Even so, if in unfriendly states such as MA, CA, NY, etc. you may be arrested.

https://mdcoastdispatch.com/2019/01/...nuary-18-2019/

This case was scheduled for a hearing today, but now it appears closed. I'm assuming it may have been dismissed?

http://casesearch.courts.state.md.us...uirySearch.jis

[whatevs09]

I sent a request to the attorney for Mr. Shortt asking for update.

3/25 Per Mr. Shortt's attorney, charges were dismissed in the LEOSA carry arrest!!! (from Richard J Brueckner, rjblaw@comcast.net.<a href="http://w...lawyer.com</a>/

[whatevs09]

I talked with Mr. Shortt at length. He told me the main takeaway is to know if the state you are in is a "duty to inform" you are carrying. He knew MD was NOT a mandatory state but he chose to voluntarily inform the officer that stopped him. Nothing wrong with that. The problem is that the officer exceeded his mandate and failed to recognize the LEOSA credential in a timely manner. This could have happened to ANY of us. The key here is that ALL LE agencies must be educated on HR 218. Mr. Shortt allowed me to post this info. He is looking to open a civil suit against the Ocean City PD.

[whatevs09]

New story in MD:

Don't know yet whether he was a LEOSA card holder or just a state permit holder. However, prelim. info. is he inserted himself into an argument that did NOT involve him.
https://www.baltimoresun.com/news/cr...X2ij3ZEsRt5nF0

[whatevs09]

So the LEOSA Reform Act still sits in the Judiciary Committee with no action. The Chairman (Nadler) is so busy trying to oust the POTUS that I have emailed Rep. Louie Gohmert who is the sensible republican on that committee. Maybe he can push the issue. Anyone else interesed in the Bill being heard, please contact him.
louie.gohmert@mail.house.gov or call 202-225-3035, thanks.

[effbeeeye]

Can someone please clarify to me how California's Gun Free School Zone Act applies to an off-duty federal LEO?

CGFSZA exempts "a full-time paid peace officer of... the federal government who is carrying out official duties while in California".

I am unclear whether "official duties" includes off-duty time; I interpret it as the exemption only applies while a federal LEO is on-duty and and on school grounds in an official capacity i.e. investigation, job fair/recruitment, etc.


Secondly, if California's GFSZA does in fact allow federal LEO to CCW off duty, does my status as a federal LEO bind me to the federal GFSZA which does not afford an off-duty LEO exception.


For clarification, a supervisor at my agency advised us not to carry in school zones. I dont plan to, but rather am trying to make sense of the laws as written. If I'm way off the mark, please feel free to tell me how backwards I am on this. And no I dont work for the FBI...

[effbeeeye]

In reply to my own GFSZA question, I found some clarifying information in a post from last year.

https://www.calguns.net/calgunforum/...7&postcount=58

California Attorney General's Office
What is the usual, ordinary import of the words ‘carrying out official duties while in California’? Nothing in these words implies or suggests any geographical limitation on the application of the exemption to any area less than all of California. The word ‘while’ limits the exemption as to time to the period the officer is ‘in California.’ Significantly the word ‘while’ does not qualify the words ‘carrying out official duties’ because it follows rather than precedes those words. Thus, the usual and ordinary import of the words used in the statute would make the exemption applicable to full-time federal peace officers who are assigned duties to be performed in California, anywhere in California, and for the period of time they are in California for the purpose of performing those duties

Unfortunately, the link to the source of the quote has expired at the CA AG office's website:

http://ag.ca.gov/opinions/pdfs/01-1005.pdf

[socalFLEO]

The original source appears to be a 1980 CA AG opinion concerning BLM Rangers.

This 1993 CA AG opinion on BOP officers adopts that analysis and also elaborates on who may be considered a "peace officer of the federal government":

https://www.courtlistener.com/pdf/19...al_opinion.pdf

I have not yet been able to locate the original 1980 opinion.

[effbeeeye]

Originally Posted by socalFLEO

The original source appears to be a 1980 CA AG opinion concerning BLM Rangers.

This 1993 CA AG opinion on BOP officers adopts that analysis and also elaborates on who may be considered a "peace officer of the federal government":

https://www.courtlistener.com/pdf/19...al_opinion.pdf

I have not yet been able to locate the original 1980 opinion.

Excellent info! Thank you.

[joshr]

CG is announcing a system is coming for their boarding officers to now get credentialed. Some details here:

https://content.govdelivery.com/acco...letins/2c568ca

[sgtbuck]

Just a FYI...H.R.1210 - LEOSA Reform Act
https://www.congress.gov/bill/117th-...+2%22%5D%7D&r=