LEOSA Questions And Answers - Concealed Weapons

Common Questions Relating to LEOSA

 

 

Who is eligible to carry concealed firearms under this legislation?
Qualified law enforcement officers employed by or retired from a local, State or Federal law enforcement agency.  A “qualified active law enforcement officer” is defined as an employee of a government agency who:

• is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;
• has statutory powers of arrest;
• is authorized by the agency to carry a firearm;
• is not the subject of any disciplinary action by the agency;
• meets the 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 possessing a firearm.

Qualified active law enforcement officers must carry the photographic identification issued by the agency for which they are employed. If you are an active duty law enforcement officer with any local, State or Federal governmental agency and you meet all of the requirements above, you may carry a concealed firearm under the provisions set out in the bill. The definition of “firearm” specifically excludes machine guns, silencers, explosives or other destructive devices as these terms are defined in Federal law.

Retired reserve law enforcement officers do not meet the criteria established in the definition of a “qualified retired law enforcement officer”, therefore, the CWPU will not issue certificates to these individuals.

I am a fully sworn law enforcement officer with statutory law enforcement authority, but I work for a private university or other non-governmental employer. Will I be able to carry under the provisions of H.R. 218?
No. You must be an employee of a local, State or Federal governmental agency to carry a firearm under the provisions of this legislation.

My agency has a policy that does not allow me to carry my firearm while I am off-duty. Does this mean that this legislation will not benefit me?
If you are a qualified active law enforcement officer, you will legally be able to carry a firearm under the provisions of H.R. 218. There may be agencies which enforce or adopt policies, rules, regulations, or employment conditions which discourage or punish officers which choose to carry while off-duty, but such actions do not mean that the officer cannot carry under the provisions of the bill.

I am a retired officer— how do I qualify to carry under the provisions of this bill?
The legislation requires retired law enforcement officers to meet the active duty standards for qualification with a firearm in the State where they reside. Retired officers must qualify at their own expense through an authorized Arizona CCW LEOSA Instructor and, once they do, submit an application, documentation and fee to the CWPU. Once approved, the CWPU will issue a certificate of firearm proficiency and the retiree will be able to carry the type of firearm (semi-auto, revolver or both) with which they have been qualified under the provisions of H.R. 218. Retired officers must carry this certificate in addition to their photographic identification issued by their former law enforcement agency.

Does this bill allow me to carry a firearm on an airplane?
No. This legislation exempts qualified active and retired law enforcement officers from most State and local laws regarding the carrying of concealed firearms. The carriage of firearms on aircraft is regulated by Federal statutes and airline policy.

Does H.R. 218 preempt state and local laws regarding firearms?
Yes, H.R. 218 specifies two exceptions:

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.

This means private persons or businesses may post their property with ”no firearms or weapons” signs and no one other than active duty law enforcement officers may bring a firearm onto the premises. Additionally, state or local governments may prohibit firearms on government property in a similar manner.

Can a person carrying pursuant to LEOSA carry a concealed firearm into a place that serves alcohol for consumption on the premises?
If the business is posted “No Firearms or Weapons” (or something similar), the person may NOT enter with a firearm (see question 6 above). If the business is not posted, a person carrying under LEOSA may enter with the firearm, however, the person is prohibited from consuming alcohol. How this law applies to active law enforcement officers will vary from state to state; contact that state for details. In Arizona, active peace officers may carry in on-sale liquor establishments.

I am not a resident of Arizona, but my home state will not issue a certificate of proficiency. Can I use an Arizona certificate of proficiency in my home state or elsewhere under LEOSA?
No. Federal law specifically states the certification must be issued by the state of residence in order for it to be valid. LEOSA certificates of proficiency issued by AZ DPS are only valid if issued to an Arizona resident who is also a qualified retired officer. Note - It does not matter what agency the officer retired from (Arizona or out of state).

Example 1: An officer retires from the Dallas PD, moves to Arizona, completes the LEOSA qualification and obtains the AZ DPS LEOSA certificate - this officer is qualified under LEOSA.

Example 2: An officer retires from Chicago PD and lives in Chicago. Because the officer can't find any law enforcement agency in Illinois who is conducting LEOSA qualification, this officer travels to Arizona and completes the LEOSA qualification and obtains the AZ DPS LEOSA certificate - this officer is NOT qualified under LEOSA and is at risk of being arrested if carrying a concealed handgun.