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

[Librarian]

This topic is one of the few recurring and relatively complex topics.

Here is the 2004 law as passed by Congress:

H.R.218 -- Law Enforcement Officers Safety Act of 2004 (Engrossed in House [Passed House] - EH)

108th CONGRESS

2d Session

H. R. 218

AN ACT

To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit 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.

`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) 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, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

`926B. Carrying of concealed firearms by qualified law enforcement officers.'.

SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following:

`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit 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.

`(c) As used in this section, the term `qualified retired law enforcement officer' means an individual 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;

`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(7) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is--

`(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.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) a destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:

`926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.

Passed the House of Representatives June 23, 2004.

===========

[Librarian]

Here is the 2010 amendment

S.1132 -- Law Enforcement Officers Safety Act Improvements Act of 2010 (Enrolled Bill [Final as Passed Both House and Senate] - ENR)

--S.1132--

S.1132

One Hundred Eleventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, two thousand and ten


An Act

To amend title 18, United States Code, to improve the provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Law Enforcement Officers Safety Act Improvements Act of 2010'.

SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF TITLE 18.

(a) In General- Section 926B of title 18, United States Code, is amended--

(1) in subsection (c)(3), by inserting `which could result in suspension or loss of police powers' after `agency'; and

(2) by adding at the end the following:

`(f) For the purposes of this section, a law enforcement officer of the Amtrak Police Department, a law enforcement officer of the Federal Reserve, or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who 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 , and has statutory powers of arrest.'.

(b) Active Law Enforcement Officers- Section 926B of title 18, United States Code is amended by striking subsection (e) and inserting the following:

`(e) As used in this section, the term `firearm'--

`(1) except as provided in this subsection, has the same meaning as in section 921 of this title;

`(2) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act ; and

`(3) does not include--

`(A) any machinegun (as defined in section 5845 of the National Firearms Act );

`(B) any firearm silencer (as defined in section 921 of this title); and

`(C) any destructive device (as defined in section 921 of this title).'.

(c) Retired Law Enforcement Officers- Section 926C of title 18, United States Code is amended--

(1) in subsection (c)--

(A) in paragraph (1)--

(i) by striking `retired' and inserting `separated from service'; and

(ii) by striking `, other than for reasons of mental instability';

(B) in paragraph (2), by striking `retirement' and inserting `separation';

(C) in paragraph (3)--

(i) in subparagraph (A), by striking `retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more' and inserting `separation, served as a law enforcement officer for an aggregate of 10 years or more'; and

(ii) in subparagraph (B), by striking `retired' and inserting `separated';

(D) by striking paragraph (4) and inserting the following:

`(4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State;'; and

(E) by striking paragraph (5) and replacing it with the following:

`(5)(A) has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in subsection (d)(1); or

`(B) has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subsection (d)(1);';

(2) in subsection (d)--

(A) paragraph (1)--

(i) by striking `retired' and inserting `separated'; and

(ii) by striking `to meet the standards' and all that follows through `concealed firearm' and inserting `to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm';

(B) paragraph (2)--

(i) in subparagraph (A), by striking `retired' and inserting `separated'; and

(ii) in subparagraph (B), by striking `that indicates' and all that follows through the period and inserting `or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met--

`(I) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or

`(II) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.'; and

(3) by striking subsection (e) and inserting the following:

`(e) As used in this section--

`(1) the term `firearm'--

`(A) except as provided in this paragraph, has the same meaning as in section 921 of this title;

`(B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act ; and

`(C) does not include--

`(i) any machinegun (as defined in section 5845 of the National Firearms Act );

`(ii) any firearm silencer (as defined in section 921 of this title); and

`(iii) any destructive device (as defined in section 921 of this title); and

`(2) the term `service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government.'.

[Librarian]

Here is a link to 18 USC 926b, the US Code where LEOSA is placed - http://www.gpo.gov/fdsys/pkg/USCODE-...44-sec926B.htm - US Government Printing Office is charged with keeping this information current.


Here is California's Attorney General page on LEOSA

http://oag.ca.gov/firearms/leosanew

CA says and

Both “qualified law enforcement officers” and “qualified retired law enforcement officers” are required to meet the state’s standards for the “training and qualification for active law enforcement officers to carry firearms” under the LEOSA. Penal Code Section 832.3 sets forth the initial and continuing training and testing requirements for peace officers in California. The specific curriculum for the training of peace officers is established by the California Commission on Peace Officer Standards and Training (P.O.S.T.). However, current California law does not set a statewide standard for the training and qualification of active law enforcement officers after graduation from the academy. Standards are established by individual law enforcement agencies for both active and retired officers in those agencies.

[Librarian]

Here is the relevant section of HR 4310, the National Defense Authorization Act for FY 2013

SEC. 1089. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF TITLE 18.

Chapter 44 of title 18, United States Code, is amended--

(1) in section 926B--

(A) in subsection (c)(1), by inserting `or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice)' after `arrest';

(B) in subsection (d), by striking `as a law enforcement officer' and inserting `that identifies the employee as a police officer or law enforcement officer of the agency'; and

(C) in subsection (f), by inserting `or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice)' after `arrest'; and

(2) in section 926C--

(A) in subsection (c)(2), by inserting `or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice)' after `arrest'; and

(B) in subsection (d)--

(i) in paragraph (1), by striking `that indicates' and inserting `that identifies the person as having been employed as a police officer or law enforcement officer and indicates'; and

(ii) in paragraph (2)(A), by inserting `that identifies the person as having been employed as a police officer or law enforcement officer' after `officer'.

[code33]

Comprehensive legal analysis by the CALIFORNIA RESERVE PEACE OFFICERS ASSOCIATION

An in-depth legal analysis of LEOSA by the CRPOA's legal counsel on how it applies to reserve peace officers in California.

http://www.crpoa.org/pdfs/LEOSA_Update_2012.pdf

http://www.crpoa.org/pdfs/LEOSA_June_2012.pdf

[RickD427]

I just received the below message from the Fraternal Order of Police regarding the new laws in New York:

"This alert is to advise members of the Fraternal Order of Police that recent changes to firearms laws in New York may impact active and retired officers visiting the State and carrying concealed firearms under the auspices of the Law Enforcement Officers' Safety Act (LEOSA).

New York State law prohibits the possession of magazines holding more than seven (7) rounds. The exemption provided by the LEOSA from State and local prohibitions on the carriage of concealed firearms does NOT exempt active and retired officers from State or local laws regulating magazines. It is unlawful for out-of-State active or retired law enforcement officers to possess a magazine which is capable of holding more than seven (7) rounds in the State of New York and you could face a criminal charge. It is our understanding that the prohibition on magazines went into effect immediately.

While the National Legislative Office has not done a full legal analysis of the new laws, it is very clear that this provision in the new laws will have an immediate effect on FOP members traveling to or through the State of New York. In addition, retired law enforcement officers living in New York--even those who have retired or separated from their agency in good standing in the State of New York--may also be affected by the ban on magazines capable of holding more than seven (7) rounds.

We urge our members that choose to carry concealed firearms in New York under the auspices of the LEOSA to follow the law and use good judgement. Any questions about the new laws in the State of New York should be directed to the New York State Troopers or Office of the Attorney General of New York."

I've closely reviewed the langauge of LEOSA. It does provide that LEOSA does not trump state laws in two instances: 1) Restrictions on CCW imposed by owners of private property, and 2) Restrictions on CCW on Government Property. The act allow excludes machineguns, silencers and destructive devices (using the federal definition). There is no language in LEOSA allowing the state to restrict magazines as purported in the above correspondence.

Does anyone out there have any greater insight, or better information, on the issue?

[mej16489]

I've closely reviewed the langauge of LEOSA. It does provide that LEOSA does not trump state laws in two instances: 1) Restrictions on CCW imposed by owners of private property, and 2) Restrictions on CCW on Government Property. The act allow excludes machineguns, silencers and destructive devices (using the federal definition). There is no language in LEOSA allowing the state to restrict magazines as purported in the above correspondence.

Does anyone out there have any greater insight, or better information, on the issue?

Sadly, neither of the last 2 updates to LEOSA have clarified whether or not they intended to preempt State magazine restrictions.

I believe that LEOSA covers those who import CA-Defined Large Capacity Magazines into CA due to People v Hale declaring that magazines are an essential part of a firearm. However, as with all new territory, I could certainly be wrong.

[Doc Gunz]

I believe all military NCOs have authority to apprehend IAW the UCMJ. Does anyone have clarification on this?

https://www.fop.net/legislative/issues/hr218/hr218faq.pdf

[AFK9Cop]

I believe all military NCOs have authority to apprehend IAW the UCMJ. Does anyone have clarification on this?

https://www.fop.net/legislative/issu...8/hr218faq.pdf

Yes, all military NCO's have authority to apprehend, but it applies only to "quell quarrels and frays". I don't think they are covered under LEOSA unless the MOS/Rate/AFSC of the particular NCO is in fact Military Police/ Master at Arms/ Security Forces. But then again, I'm not a lawyer and I didn't write the bill.

[Psykronik]

I am looking for the opinion of a CA LEO regarding this.

Under 14USC143, "Commissioned, warrant, and petty officers of the Coast Guard are deemed to be officers of the customs".

Even as Boarding Team Members and Boarding Officers, we are not issued identification stating that we are Federal LEO's.

Would you honor the USCG military ID under LEOSA? If not, what documentation requirements would you prefer?

[SVT-40]

LEOSA identification is very specific and actually lists the (LEOSA) as well as the dates of firearms qualification.

So Unless the ID specifically had that information, AND on the identification that the bearer was a peace officer or retired peace officer I don't thing the LEOSA would appily.

[RickD427]

I am looking for the opinion of a CA LEO regarding this.

Under 14USC143, "Commissioned, warrant, and petty officers of the Coast Guard are deemed to be officers of the customs".

Even as Boarding Team Members and Boarding Officers, we are not issued identification stating that we are Federal LEO's.

Would you honor the USCG military ID under LEOSA? If not, what documentation requirements would you prefer?

Psykronik,

14USC89 is a better reference for the "Powers of Arrest" provision of LEOSA to apply to Coast Guard personnel.

There has been one California trial court case that I know of involving a CG member carrying under the authority of LEOSA. That involved a reserve petty officer who was arrested by San Fernando PD. There was no conviction (I don't know if that was an acquittal, or denied filing) and the reservist received a 40,000 award in the civil trial.

Since that case, the Coast Guard has issued internal policy defining the members it considers as covered by LEOSA. I haven't read the 2013 changes to LEOSA, but summaries of those changes seem to increase the requirements for identification cards. The military CAC met the minimum requirements prior to 2012, I'd check the 2013 version to confirm current requirements.

[Psykronik]

I know we are covered under LEOSA, because the Coast Guard released an authorized message, and because we have powers to arrest (under 14USC89) of course under the stipulation that we are current on all of our qualifications, but I'm wondering from a CA LEO's point of view what you would want for verification.

[RickD427]

I know we are covered under LEOSA, because the Coast Guard released an authorized message, and because we have powers to arrest (under 14USC89) of course under the stipulation that we are current on all of our qualifications, but I'm wondering from a CA LEO's point of view what you would want for verification.

I've worn both uniforms, active duty CG 1979-1982 and 2001-2003 (reserve service in between, and as a LEO in Los Angeles County (1982 - Present).

Most of my LEO counterparts would not be accepting of CG members as being fellow LEOs. The main reason is lack of frequent interaction, and the highly compartmentalized functions performed by USCG members.

That's my best guess as to why San Fernando PD hooked up the reservist.

[Psykronik]

From what I understand, it wasn't that San Fernando PD hooked him up, but that by the letter of the law we are covered by LEOSA. With that being said, the Coast Guard has placed agency restrictions on this, requiring the member to be a QUALIFIED BTM or BO. If a member is neither, they could (and most likely will) face administrative actions.

As a BTM, I carry, and have encountered local officers who are educated on this, and have accepted my military CAC as being sufficient identification, and I have also encountered local officers who have not accepted it as sufficient identification (I don't fault them for doing their job...better to be safe than sorry). I usually carry my BTM letter with me, but that may as well be as useless as a military CAC.