Federal Concealed Carry Permit

[larrymeyer]

In this thread

http://forum.pafoa.org/pennsylvania-...community.html

The OP says

My husband is a retired Federal agent and has a Federal permit to carry anywhere in the US.

My question is I was always even when I worked for the government that there was no such thing as a Federal Permit to carry.

I don't believe a FFL allows you to carry concealed from state to state ?

[sbmania]

They are talking about retired law enforcement being allowed to carry in all 50states due to a new law that was passed a year or two back. I think it was HR 218, but don't quote me on the number. It only applies to retired LE, and is not a "federal" permit per se.

[chrisjames_71]

Originally Posted by larrymeyer

In this thread

http://forum.pafoa.org/pennsylvania-...community.html

The OP says My question is I was always even when I worked for the government that there was no such thing as a Federal Permit to carry.

I don't believe a FFL allows you to carry concealed from state to state ?

Still isn't. I wondered that to, but just assumed she meant LEOSA.

Originally Posted by sbmania

They are talking about retired law enforcement being allowed to carry in all 50states due to a new law that was passed a year or two back. I think it was HR 218, but don't quote me on the number. It only applies to retired LE, and is not a "federal" permit per se.

Yes it was HR218, though not called that anymore, an it was actually passed 5 years ago. The other portion I bolded is completely wrong. Any active or retired LEO that meets all requirements may carry under LEOSA.

[agentw0]

Here is the full text of LEOSA HR 218




H.R.218: The Law Enforcement Officers Safety Act of 2004
(Enrolled as Agreed to or Passed by Both House and Senate)

One Hundred Eighth Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four

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.'.



Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.

[larrymeyer]

Then he had no need to get a Pa LTCF ?

[chrisjames_71]

Originally Posted by larrymeyer

Then he had no need to get a Pa LTCF ?

Nope......

[agentw0]

Yes, No one who qualifies under LEOSA actually needs any LTCF Other than thier agency credentials. I however believe that the more you have the better. So I in addition to my credentials have a PA LTCF, Utah and New Hampshire. I also carry a copy of LEOSA in a shrunk down pocket size version that I made, with my credentials. You would be suprised the ammout of state and local LEO's that do not know about it and are unfamiliar with it. I work with a few guys who have had trouble with some LEO's in Maryland over CC issue's, because the MD LEO's were unfamiliar with it. It is suprising to me that any LEO would not be familiar with LEOSA because it cover's them as well. There was a situation in South Dakota a few months back that put a few Federal LEO's in jeopardy because the local LEO's did not know the Law, but the jusdge threw it out because of LEOSA.


If anyone wants a one page shrunk down version of LEOSA, let me know and I can give you what I made up.

Here is a Link to that Story:
http://www.rapidcityjournal.com/arti...a194895385.txt



A judge has ordered that concealed weapons charges be dismissed against four off-duty Washington police officers who were charged in connection with a shooting during the Sturgis rally.

Circuit Judge Warren Johnson ruled Friday that Scott Lazalde, Dennis McCoy, James Rector and Ron Smith are exempt from prosecution under South Dakota state law because of the federal Law Enforcement Officers Safety Act.

However, Johnson ruled that a concealed weapons charge against Erik Pingel, 35, of Aurora, Colo., can proceed.

Lazalde, 38, of Bellingham, Wash., and Rector, 44, Ferndale, Wash., are law enforcement officers with the U.S. Customs and Border Protection Service. McCoy, 58, of Seattle, Wash., is a Seattle police sergeant and Smith, 43, is a Seattle police detective. Pingel is a firefighter with the U.S. Department of Defense.

All are members of the Iron Pigs motorcycle club and all were carrying concealed pistols when they were arrested Aug. 7 at the Loud American Roadhouse bar in Sturgis following an altercation with Hells Angels.

During the scuffle Smith shot Hells Angel member Joseph Patrick McGuire of Imperial Beach, Calif. Smith originally was charged with assault and perjury but those charges were dismissed following a grand jury investigation. Smith has said he used his personal handgun in acting in self-defense.

Authorities have accused McGuire of starting the fight. He has pleaded not guilty to assault and has a status hearing on Wednesday. He has remained free on bond as he recuperates from his wounds.

Under a 2005 federal law, any qualified law enforcement officer carrying proper identification is allowed to carry a concealed weapon in any state except under certain circumstances.

"While states retain the right to prohibit the possession of firearms on government property and to permit private persons and entities to prohibit the possession of firearms on their property, they cannot restrict qualified law enforcement officers in any other manner," Johnson wrote in his memorandum opinion.

Defense attorney Robert Van Norman represented all five of the Iron Pigs.

"It's a great decision and should be reassuring to a lot of law enforcement officers all over the country," he said.

Meade County State's Attorney Jesse Sondreal could not be reached for comment Monday.

Meanwhile, a concealed weapons charge against Pingel can proceed, Johnson ruled. Pingel has a concealed weapons permit in Colorado, which has a reciprocity agreement with South Dakota. However, his carrying the weapon into a bar violated South Dakota law, according to the memorandum decision.

All of the weapons charges are class 1 misdemeanors punishable by up to one year in jail and a $2,000 fine.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com

[falcn]

Originally Posted by agentw0

"It's a great decision and should be reassuring to a lot of law enforcement officers all over the country," he said.

Meade County State's Attorney Jesse Sondreal could not be reached for comment Monday.

Meanwhile, a concealed weapons charge against Pingel can proceed, Johnson ruled. Pingel has a concealed weapons permit in Colorado, which has a reciprocity agreement with South Dakota. However, his carrying the weapon into a bar violated South Dakota law, according to the memorandum decision.

Man that just chaps my ass. Everyone should have this right that the "magical LEOs" have.

[Kurt_M]

Everyone does have that right, our government just refuses to recognize it in many places.

[RoyJackson]

Originally Posted by falcn

Man that just chaps my ass. Everyone should have this right that the "magical LEOs" have.

Especially since the Senate just defeated the Thune Amendment...most of those opposing Thune used States' rights as justification.