LEOSA

The Law Enforcement Officers Safety Act (LEOSA) is a United States federal law, enacted in 2004, that allows two classes of persons—the “qualified law enforcement officer” and the “qualified retired or separated law enforcement officer”—to carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with certain exceptions.

LEOSA is often incorrectly referred to as “H.R. 218”. The act was introduced during the 108th Congress as H.R. 218 and enacted as Public Law 108-277.[1] The law was later amended by the Law Enforcement Officers Safety Act Improvements Act of 2010 (S. 1132, Public Law 111-272),[2] and Section 1099C of the National Defense Authorization Act for Fiscal Year 2013 (H.R. 4310, Public Law 112-239).[3] It is codified within the provisions of the Gun Control Act of 1968 as 18 USC § 926B[4] and USC § 926C.[5]

The privilege specifically does not extend to machine guns, destructive devices, or suppressors. LEOSA covers state and public university and/or college campus law enforcement officers, however this law does not necessarily cover private campus police or company police.

Although LEOSA preempts state and local laws, there are two notable exceptions: “the laws of any State that (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property” (such as a bars, private clubs, amusement parks, etc.), or “(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park”[1][11][12][13] Additionally, LEOSA does not override the federal Gun-Free School Zone Act (GFSZA) which prohibits carrying a firearm within 1,000 feet of elementary or secondary schools unless the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State. Although the GFSZA authorizes on-duty law enforcement officers to carry firearms in such circumstances, off-duty and retired law enforcement officers are still restricted from doing so unless they have a firearms license issued from the state in which they reside and then it is only good for the state in which they reside.[14] Individuals must also obey any federal laws and federal agency policies that restrict the carrying of concealed firearms in certain federal buildings and lands, as well as federal regulations prohibiting the carriage of firearms on airplanes.[13]

2010 amendment

In 2010, LEOSA was amended by the Law Enforcement Officers Safety Act Improvements Act of 2010,[2] which specifically extended coverage to include law enforcement officers of the Amtrak Police, Federal Reserve Police, and law enforcement officers of the executive branch of the Federal Government.[2] The provisions for disqualification on mental health grounds and the provisions regarding qualifications to carry a firearm were amended, and the number of aggregate years for retired officers was reduced from fifteen to ten.[2] In addition the definition of a firearm was expanded to include any ammunition not prohibited by the National Firearms Act of 1934. This was done to exempt qualified active and retired law enforcement officers from the prohibitions against carrying hollow-point ammunition that is in force in New Jersey (except for their peace officers and active federal law enforcement officers) and a few other locations. The concept of “retirement” was replaced with “separated from service” and the requirement that the retired officer have a nonforfeitable right to retirement benefits was eliminated.

2013 amendment

In 2013, LEOSA was again amended by the National Defense Authorization Act (NDAA) for Fiscal Year 2013, effective January 2, 2013, after President Obama signed Public Law 112-239 (H.R. 4310).[3] Section 1089 of the NDAA contained language which further clarified that military police officers and civilian police officers employed by the U.S. Government unambiguously met the definitions in the original Act. The definitions of “qualified active” and “qualified retired” law enforcement officer include the term “police officers” and expanded the powers of arrest requirement definition to include those who have or had the authority to “apprehend” suspects under the Uniform Code of Military Justice. Senator Patrick Leahy, a key sponsor of the bill, remarked “The Senate has agreed to extend that trust to the law enforcement officers that serve within our military. They are no less deserving or worthy of this privilege and I am very pleased we have acted to equalize their treatment under the federal law”. He further stated “The amendment we adopt today will place military police and civilian police officers within the Department of Defense on equal footing with their law enforcement counterparts across the country when it comes to coverage under LEOSA.”

Qualified law enforcement officers

In 18 USC § 926B(c),[11] “qualified law enforcement officer” is defined as any individual employed by 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, or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); This includes state and public college/university police officers.

is authorized by the agency to carry a firearm;

is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

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

is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

is not prohibited by Federal law from receiving a firearm.

Additionally, 18 USC § 926B requires that the individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of the agency.

Leosa also does not require a “qualified law enforcement officer” to be full-time, meaning that part-time, reserve, and auxiliary officers are viewed the same in the law’s application, provided that while on-duty or called to service they meet the requirements, even if inactive at the time.[

Qualified retired law enforcement officers

In 18 USC § 926C(c),[12] “qualified retired law enforcement officer” is defined as an individual who:

separated from service in good standing from service with a public agency as a law enforcement officer;

before such separation, 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 or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or separated 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;

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;

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 photographic identification; or 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 photographic identification;

is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

is not prohibited by Federal law from receiving a firearm.

Additionally, the individual must carry either:

photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and 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 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; or

photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer; and a certification issued by the State in which the individual resides 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 one 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 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 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.