CA Off-duty Carry

[RolinThundr]

I know that most police depts allow off-duty carry, but wanted to make sure of a couple of things:

1- Can a CA LEO of a municipal jurisdiction (city) carry off-duty throughout the state?

2- Can a LEO of another state carry off-duty in CA (while on vacation for instance)?

[Ron-Solo]

1- Yes
2- Yes, thanks to HR218, active LEO can carry in all 50. Retired must have an HR218 with therir CCW credentials.

[Unit74]

Yep....

If you are post, and your dept allows OD carry, there are no limitations on where in country you can go.

[retired]

1- Yes
2- Yes, thanks to HR218, active LEO can carry in all 50. Retired must have an HR218 with therir CCW credentials.

Hey, how come you are talking about me.

I have one of those things actually. Just renewed in late April in time for the May Area 53 shoot in Nevada. Nevada doesn't accept Ca.'s ccw.

I also have the 5yr. dept. issued one and will not let that lapse.

[Rogue187]

I wish you would stop quoting HR 218..
HR 218 is no longer correct..

The correct one is 18 USC 926(b) LEOSA Law Enforcement Officers Safety Act.

The number HR 218 is recycled in the House so it now could be assigned to anything else.

Please refer to 18 USC 926 (b) from now on. Otherwise your just giving out disinformation.

[Fire in the Hole]

I wish you would stop quoting HR 218..
HR 218 is no longer correct..

The correct one is 18 USC 926(b) LEOSA Law Enforcement Officers Safety Act.

The number HR 218 is recycled in the House so it now could be assigned to anything else.

Please refer to 18 USC 926 (b) from now on. Otherwise your just giving out disinformation.

But my newly issued LEO CCW card still refers to HR 218 at the authority to issue and possess. I've never heard of what you cite. I'm not saying it's wrong, but I'm positive LEO's don't know of it. It's too hard to remember and say. The CA DOJ Website adressing this the LEOSA continued to refer to it as HR-218. I think you'll have to accept that it's going to be continued to use for it's simplicity, and ease of understanding.

[SVT-40]

My agency uses the language :
Law Enforcement Officers Safety Act of 2004 Authorized.
Authorization expires: 12/20/2009 (one year from last qualification)

My agency also issues the five year Calif CCW to retired Officers. With unlimited renewals.

[Rogue187]

Fire in the hole,
It may be in your best interest to let whoever is in charge of the ID's that the law HR 218 has been changed.

Because if you are stopped in some podunk town that you mention HR 218 they may have to look it up..and once they do they find that you have no clue as to what your talking about.

The law is officially known as:

Law Enforcement Officers Safety Act 2004. It is listed in the US Criminal Codes under 18 U.S.C. 926(b)(c)

There are many still referring to it by it bill name of HR218.

You can find it under google as HR 218..but in reading that one it states it was never made into a law yet..It is confusing to people.

But if you use 18USC926(b)(c) you are completely safe.. Most DA's should know about the U.S.C. and under 18 Criminal Section of the United States Codes.

Please don't take this as a slight or anything along those lines..This is just to protect you in the event you have to use your firearm outside of your agency juristictional areas or state.

Please check the code yourself and make yourself aware..as the legal problems you save may be your own.

[Liberty1]

Yep....

there are no limitations on where in country you can go.

There are many limitations on out of state officers (who use HR 218) when traveling outside of their home state.

For instance HR 218 doesn't exempt one from the 1000' Federal school zone if the individual is not licensed by the state in which that school is found (so I got a non-resident Utah license). We also can't carry in National Parks in our own state let alone in another(this will change in Feb'10). It might not exempt an out of state officer from California's 12031 "loaded ban" in cities or from importing "high caps". What about New Jersey's hollow point ban (I change to ball ammo if in NJ)?

[lrdchivalry]

There are many limitations on out of state officers (who use HR 218) when traveling outside of their home state.

For instance HR 218 doesn't exempt one from the 1000' Federal school zone if the individual is not licensed by the state in which that school is found (so I got a non-resident Utah license).

Curious. If California does not recognize another states CCW how would you not be in violation of the federal law by aquiring an out of state ccw?

[retired]

I just looked at mine (lasd) and tho it has the name of the act as stated, preceding those words it says "HR 218." I carry a copy of the pertinent law in my wallet with both my county and "HR" ccws in case it is needed (which I hope it never is).

IIRC, I read sometime ago the NY City Police Commissioner prohibits their active and retired officers from carrying out of state. As to the active, that means when they are off duty. I don't know if that has changed or not.

[Liberty1]

Curious. If California does not recognize another states CCW how would you not be in violation of the federal law by aquiring an out of state ccw?

In Ca. my Peace Officer status is the "license". The Utah is for when I'm in other states (which recognize it). But I don't know any other cop who has gotten an out of state ccw as most believe HR 218 protects them from all CCW prosecution (which it doesn't, but they're counting on and will probably receive a brass pass courtesy pass in most non shoot situations)

[lrdchivalry]

IIRC, I read sometime ago the NY City Police Commissioner prohibits their active and retired officers from carrying out of state. As to the active, that means when they are off duty. I don't know if that has changed or not.

The agency cannot prohibit their officers from carrying off duty. They can only prohibit their officers from carrying an issued firearm off duty. One of the purposes of HR218 was eliminate such restrictions that cost Washington D.C. police officer Oliver Smith his life. Officer Smith was not allowed to carry concealed off duty outside of the D.C. area and lost his life when he was ambushed by three armed men, you also had agencies that did not authorize off duty carry. HR218 changed that.

[lrdchivalry]

In Ca. my Peace Officer status is the "license". The Utah is for when I'm in other states (which recognize it). But I don't know any other cop who has gotten an out of state ccw as most believe HR 218 protects them from all CCW prosecution (which it doesn't, but they're counting on and will probably receive a brass pass courtesy pass in most non shoot situations)

According to HR218 the only 2 state laws that are not over-ridden by HR218 is:

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

So unless the officer is violating a federal law in regards to concealed carry the states can only prosecute for the above violations.

Even wikipedia has the following in the article on HR218:

If a person is covered by the LEOSA, then "notwithstanding any other provision of the law of any State or any political subdivision thereof," he or she may carry a concealed firearm in any state or political subdivision thereof. See Title 18, USC, Section 921, which defines "state" to also include the District of Columbia, Puerto Rico and U.S. Possessions. Thus, the LEOSA-qualified person does not generally require a state-issued permit for carrying concealed firearms.
However, there are two types of state laws that are not overridden by the federal law, these being "the laws of any State that (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park." This does not mean that LEOSA-qualified persons are prohibited from carrying concealed firearms in such areas, but only that they must obey whatever state laws apply on those two points. They are free to disregard all other state and local laws that govern the carrying of concealed firearms.
The LEOSA overrides state and local laws, but not other federal laws. Thus, LEOSA-qualified individuals must continue to obey federal laws and agency policies that restrict the carrying of concealed firearms in certain federal buildings and lands.
Whether or not a person is covered by the LEOSA depends entirely on whether or not he or she meets the definitions in the federal law for either "qualified law enforcement officer" or "qualified retired law enforcement officer." It does not matter whether or not a given individual is defined as a "law enforcement officer" under the law of his state; only the definition in the federal law applies.

IMHO they are more protected under the law then you think.

[Fire in the Hole]

Prior to 2004 my active CA LEO status allowed me to carry 24/7/365 within CA only. On my own time and expense, I was issued NV, FL, OR, and UT CCW's. Since the passage of HR 218 this practice and expense became redundant. Now as a retired LEO, I do have CCW priveledges in all 50 states. I exercise them. I've never been to NJ, and don't have any plans to go. But yes, I did buy a box of Hornady solid nosed bullets just in case the desire to visit the garden state arises.


I just copied and pasted the LEOSA information page from the most recent update of the CA Attorney Gernerals Information Office. They do not reference any US Codes: Below is the chapter heading verbatum.

Law Enforcement Officers Safety Act (LEOSA) of 2004 - HR218
On July 22, 2004, the Law Enforcement Safety Act of 2004 (HR 218 [PDF 40 kb / 3 pg] ) became law. This federal law provides for the carrying of concealed firearms by law enforcement officers (both active and retired) nationwide upon meeting certain criteria.