Law Enforcement Officers Safety Act (LEOSA) of 2004 - Military Law Enforcement

[Anthony1911]

Okay, so I know at the beginning of this year, the LEOSA was amended by the National Defense Authorization Act (NDAA) Public Law (H.R. 4310). This amended the wording to include law enforcement officers for the military.

If any of you are not familiar with LEOSA, it allows active and retired law enforcement officers to conceal carry anywhere the US has jurisdiction, with some limitations. It was enacted in 2004, but has recently been amended to include military law enforcement officers.

I bring this up because I am going to (ugh) the People's Republic of New Jersey next week. Now according to these, I believe I qualify (I am active US Air Force Security Forces) to CC in NJ. Also, the definition of a firearm was expanded to include any ammunition not prohibited by the National Firearms Act of 1934. This exempts individuals under LEOSA from ammunition prohibitions by anything other than the NFA. That means they can carry hollow points in NJ.

Now the only problem here is that is says you need to carry identification with you.

(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.

Now here's the issue I'm having. The only photo ID the military issued me is my Common Access Card (CAC). It has a photo ID and states I am in the United States Air Force, however the CAC says nothing about being Security Forces, therefore not identifying me as a law enforcement officer. I do however have a Security Forces badge they gave us upon graduating the academy. However, in the wording it does not say the identification needs to identify you as a law enforcement officer, it just says you need photo ID issued by the agency you are employed as a LEO. The Air Force employs me as LEO (Security Forces), and they issued me a photo ID. It just doesn't say my position. It's a hell of a gamble using that as a defense, but by exact wording and technicalities, it seems like that would cover it. But, like I said, it's a hell of a gamble.

Would my CAC plus badge work for identifying me as a military law enforcement officer? If not, the only other thing I can think of that will work, is my military passport. It contains a photo ID in it, as well as the fact that I am US Air Force Security Forces.

Source for Law Enforcement Officer Safety Act (Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers)

Source for amendment (SEC. 1089. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF TITLE 18.)

[ray h]

A couple of questions that jump out to me, can you answer yes to these questions, there is obviously pages and pages of things that will qualify or disqualify you but these stand out to me as being an issue for you:
Do you have photo ID that indicates you qualify for LEOSA and photo ID that indicates you have met the training requirement?
Did you serve at least 10 consecutive years in the security forces or are you disabeled?
Have you in the last 12 months met the training requirement, at your expense, that meets active duty standards for qualification in firearms training?

[Anthony1911]

A couple of questions that jump out to me, can you answer yes to these questions, there is obviously pages and pages of things that will qualify or disqualify you but these stand out to me as being an issue for you:

Do you have photo ID that indicates you qualify for LEOSA and photo ID that indicates you have met the training requirement?

No and no.

Did you serve at least 10 consecutive years in the security forces or are you disabeled?

No.

Have you in the last 12 months met the training requirement, at your expense, that meets active duty standards for qualification in firearms training?

We just did all of our firearms qualifications. I did the M9 qual in particular in April.

I didn't read that into it, and that's exactly why I'm asking about it here. It's always good to have multiple people analyze it and raise questions. Does it say you need at least 10 years or disabled? Curious as to how that got brought up.

This is what I was going off of when reading it and determining whether or not I qualify.

(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;

I am authorized to do those. It has been amended to include the Uniform Code of Military Justice (UCMJ).

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

I carry a firearm on duty.

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

I am currently not subject to any disciplinary action.

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

I passed my qualification with Expert Marksmanship, in April, which is within 12 months. It was the training provided by the agency that employs me.

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

I don't plan on drinking and carrying while using these terms, and I don't use drugs.

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

I am not prohibited by Federal Law from receiving a firearm.

I meet all those requirements listed under 18 USC Sec. 926B. The only part that is currently iffy is the identification part.

[johnnyishootstuff]

I am covered under LEOSA and I've never taken a firearm into NJ. NJ laws are so screwed up and following NJ carry law is next to impossible.

[HiredGoon]

A couple of questions that jump out to me, can you answer yes to these questions, there is obviously pages and pages of things that will qualify or disqualify you but these stand out to me as being an issue for you:
Do you have photo ID that indicates you qualify for LEOSA and photo ID that indicates you have met the training requirement?
Did you serve at least 10 consecutive years in the security forces or are you disabeled?
Have you in the last 12 months met the training requirement, at your expense, that meets active duty standards for qualification in firearms training?

I think you are quoting some of the requirements for a RETIRED LEO to qualify for LEOSA, the OP said he is active duty.

[HiredGoon]

Anthony1911, if you do decide to carry in NJ, I would also carry any and all paperwork, badges, etc. to prove your position.

[johnpsu]

1st thing - Is the new law in effect? Some laws go into effect 60 or 90 days after signing.

2nd thing - LESOA does allow for concealed carry in any state. That doesn't mean a local LEO will not stop you, arrest you, or something like that. Like HiredGoon said, take all paperwork, IDs, and related items with you. Please note that the LESOA does cover magazine requirements in local or state law. The LESOA also only exempts you from places specifically stated in the act.

[johnpsu]

Here is a good reference to HR 218: http://www.fop.net/legislative/issue...8/hr218faq.pdf

I have the link to the PDF saved on my phone should I ever need it.

[tl_3237]

Okay, so I know at the beginning of this year, the LEOSA was amended by the National Defense Authorization Act (NDAA) Public Law (H.R. 4310). This amended the wording to include law enforcement officers for the military.

If any of you are not familiar with LEOSA, it allows active and retired law enforcement officers to conceal carry anywhere the US has jurisdiction, with some limitations. It was enacted in 2004, but has recently been amended to include military law enforcement officers.

I bring this up because I am going to (ugh) the People's Republic of New Jersey next week. Now according to these, I believe I qualify (I am active US Air Force Security Forces) to CC in NJ. Also, the definition of a firearm was expanded to include any ammunition not prohibited by the National Firearms Act of 1934. This exempts individuals under LEOSA from ammunition prohibitions by anything other than the NFA. That means they can carry hollow points in NJ.

Now the only problem here is that is says you need to carry identification with you.


Now here's the issue I'm having. The only photo ID the military issued me is my Common Access Card (CAC). It has a photo ID and states I am in the United States Air Force, however the CAC says nothing about being Security Forces, therefore not identifying me as a law enforcement officer. I do however have a Security Forces badge they gave us upon graduating the academy. However, in the wording it does not say the identification needs to identify you as a law enforcement officer, it just says you need photo ID issued by the agency you are employed as a LEO. The Air Force employs me as LEO (Security Forces), and they issued me a photo ID. It just doesn't say my position. It's a hell of a gamble using that as a defense, but by exact wording and technicalities, it seems like that would cover it. But, like I said, it's a hell of a gamble.

Would my CAC plus badge work for identifying me as a military law enforcement officer? If not, the only other thing I can think of that will work, is my military passport. It contains a photo ID in it, as well as the fact that I am US Air Force Security Forces.

Source for Law Enforcement Officer Safety Act (Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers)

Source for amendment (SEC. 1089. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF TITLE 18.)

I read that whatever photo ID you present has to identify you as LEO - you cannot present a non-photo LEO 'ID' (badge) and a separate non-LEO ID (CAC).

18 USC 926B(d) The identification required by this subsection is the 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.

You might want to bring the issue up with your unit to see if unique LEO photo IDs can be had. I'm not familiar with the US Air Force Security Forces military passport. Are non-LEO assigned personnel supporting the unit issued similar ID or is it ONLY issued to those who are qualified LEOs?

[Anthony1911]

1st thing - Is the new law in effect? Some laws go into effect 60 or 90 days after signing.

Yes, it is. It was signed in Fiscal Year 13 (1 Oct 12 - 30 Sep 13) and went into effect 2 Jan 13. If you click the link in my first post, it says at the top of the bill the date it became public law, and in the beginning of the bill it says it was signed FY 13.

2nd thing - LESOA does allow for concealed carry in any state. That doesn't mean a local LEO will not stop you, arrest you, or something like that. Like HiredGoon said, take all paperwork, IDs, and related items with you. Please note that the LESOA does cover magazine requirements in local or state law. The LESOA also only exempts you from places specifically stated in the act.

Yes, I always have my CAC and badge on me. I suppose I could even make a copy of my DD Form 214. And yes I am aware of the magazine requirements. I believe NJ limits magazines to 10, which is fine since I use 8+1 in my 1911. Also, I carry hollowpoints. However like I stated in my first post, the bill amended the wording the make "firearms" included ammunition, therefore exempting us from prohibited ammunition laws. So I should be good carrying a 1911 with an 8 round mag and 1 in the chamber, with hollowpoints.

You might want to bring the issue up with your unit to see if unique LEO photo IDs can be had. I'm not familiar with the US Air Force Security Forces military passport. Are non-LEO assigned personnel supporting the unit issued similar ID or is it ONLY issued to those who are qualified LEOs?

The passport is pretty much the same across the board as far as I know, however it specifically states that I am Security Forces. We get the red ones, which I think all US military does.