Retired police officers can carry in any state?

[Elmar]

I've heard that retired police officers can legally carry in any state based on federal law.

Is this still in effect, if so what is the statute?

How long does one have to have been an officer for them to be covered under this?

In what manner may they carry (I am assuming CC only)?

Do they receive and documentation should they be stopped?

Does anyone on this forum currently carry under this statute?

[ChrisF4i]

Originally Posted by Elmar

I've heard that retired police officers can legally carry in any state based on federal law.

Is this still in effect, if so what is the statute?

How long does one have to have been an officer for them to be covered under this?

In what manner may they carry (I am assuming CC only)?

Do they receive and documentation should they be stopped?

Does anyone on this forum currently carry under this statute?

I believe they can due to HR 218, which I believe is also called the LEOSA (Law Enforcement Officer Safety Act). Sorry, not sure about the other questions.

[ChrisF4i]

I found this:
H.R. 218

[JohnUSCG]

As for how long you must have been an officer...you must be a 'retired' officer to fall under that so your length of service would have to be determined by whatever contract you fall under with your department. For example, 25yrs of service AND over the age of 55 is a common retirement stipulation in many contracts I have seen.

[biggs88]

I believe any police can carry in any state. I know a few police who are still on the force and they carry in anystate.

AND!

A PA cop can carry Hollowpoints in NJ, since it is there "Duty Ammo".

[tl_3237]

As with any law there are exceptions and qualifications:

18 USC

§ 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).

§ 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).

I'm not too sure that retired LEO can carry HPs. Anyone with cites?

[biggs88]

Originally Posted by tl_3237

As with any law there are exceptions and qualifications:

18 USC





I'm not too sure that retired LEO can carry HPs. Anyone with cites?

Not sure, but my neighbor is an officer down at the criminal justice center in Philly.

He went into a NJ state trooper station on his way down the shore and asked them in person.

They said as long as its what he carries on duty, they can not do anything.

So I can not say for sure if it applys to former LEOs. . . .

[tl_3237]

If an out-of-state off duty LEOs is recognized as an LEO for chapter 2C purposes then, yes HP ammo can be carried since LEOs are exempt from the proscription. I don't know if this has ever been determined.

Retired LEOs however are not LEOs in NJ hence they are limited to the same restrictions as NJ CCW carriers - ie no HP as I understand it.

[Elmar]

Thanks all. I'll read up on the law.

[ThoughtCriminal]

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

how many retired officers actually do this?