H.R. 218- THE LAW ENFORCEMENT OFFICERS SAFETY ACT |
UPDATED May 25, 2006
H.R. 218, the Law Enforcement Officers’ Safety Act (LEOSA)
On July 22, 2004, the United States Senate passed H.R. 218, the “Law Enforcement Officers’ Safety Act” by unanimous consent
and was subsequently signed by President George W. Bush.
The bill exempts qualified active and retired law enforcement officers from
select local and State prohibitions on the carrying of concealed firearms. It
does not provide police officer liability protection, nor does it completely
exempt active or retired officers from all state laws regarding carrying
concealed firearms.
On August 12, 2005, Arizona HB 2450 took effect which allows the
CWPU to issue a "Certificate of Firearms Proficiency" to qualified retired law
enforcement officer applicants who are Arizona residents. Retired officers will need to qualify with the
type of firearm they wish to carry and pass a judgmental shooting evaluation. Applicants
must qualify through a AZPOST certified
firearms instructor approved by the CWPU (there is no longer a requirement for
the instructor to also be a CCW instructor). The instructor will provide the applicant with an
application that must be filled out and submitted to the CWPU (along with other
required documentation) and a $20 money order. Upon receipt of all required
documents, the CWPU will issue the certificate.
Active duty peace officers do not need this certificate, they may carry using
their law enforcement credentials.
Firearm qualification will consist of standard AZPOST requirements (50
rd course, ranges of 25, 15, 7 and 3 yards, min passing score is 210). The TQ
15, TQ 19 or TQ 21 targets may be used. AZPOST's firearms qualification and
judgmental shooting course may be viewed
here.
Judgmental shooting evaluations can be accomplished by a variety of
approved means to include the use of FATS/Range2000 units, "friend or foe"
targets, video scenarios, etc. This portion of the qualification must follow AZ
POST requirements stated in the
qualification course directions. A link for a PowerPoint presentation
providing examples is available here.
Required application documents will include: a
completed application signed by the instructor, a photocopy of the applicant's
retired credentials, a letter from the agency the officer retired from and the
appropriate fee. Fingerprint cards will not be submitted.
The agency letter should be an original and not a
photocopy, but this is not mandatory. Use the
CWPU LEOSA form letter as all others
will be rejected unless arrangements have been made with the CWPU. The letter
will not be required for subsequent applications.
Certificates are valid
for one year, beginning from the date the qualification was completed.
Certificates are not CCW permits, they
are simply a documentation of training/qualification that must be carried along
with the retired officer's credentials when carrying a concealed firearm. CCW
permits do not substitute for this document.
Nothing
precludes individual law enforcement agencies from qualifying their own retirees
and issuing their own credentials with the required information.
To Obtain a Certificate of Firearms Proficiency
(Retired Law Enforcement Only):
1. Locate an Instructor
who is qualified to provide LEOSA qualification and establish a
qualification date.
2. Complete the AZPOST firearms qualification course with the
firearm you will carry.
3. Obtain the application from the instructor (available below).
Ensure they complete their portion and you fill out the rest.
4. Submit the completed application, letter from your agency (see
below), a photocopy of your retired credentials issued by your agency
and a money order, cashiers check, or a certified check in the amount of $20
made payable to the Department of Public Safety. For future submissions, you will
NOT need to submit the letter from your agency or the photocopy of your
credentials.
5. Submit the completed packet to the CWPU.
6. Normally, you will receive your certificate within a reasonable
period (one to two weeks).
7. The certificate is good for one year. After expiration you must
successfully complete the qualification course again (no submission of the agency
letter or photocopy of credentials is needed).
FORMS
A blank LEOSA certificate form
letter is available
here.
The LEOSA Application is
available
here.
To
become
a
LEOSA
Instructor,
submit
this
form
to
the
CWPU.
Instructor Eligibility
Due to the language of the federal law, each state is required to follow
state police officer firearm certification requirements. In this state, Arizona
Peace Officer Standards and Training (AZPOST)
rules apply.
Instructors must meet all of the following
prerequisites:
- Active, retired or reserve Arizona Peace
Officer Standards & Training certified firearms instructor and
- Approval by the CWPU (submit an application)
CCW instructors can not become an AZPOST certified
firearms instructor unless they:
- are an active duty or reserve AZPOST certified peace
officer;
- have been a peace officer for at least two years;
- have completed the AZPOST general instructor course;
- have completed the AZPOST firearms instructor course;
- maintain competency and proficiency and
- have not had AZPOST certification suspended or
revoked
Note: Retired AZPOST certified peace officers
must have been certified AZPOST firearms instructors prior to retirement
- there are no provisions to obtain this certification unless the retiree
becomes a reserve peace officer and completes the required training.
For any instructors who want to participate in this program, you must be an AZ POST certified firearms instructor. Effective immediately, we DO NOT
need your AZ POST/ALEOAC firearms instructor certificates to enroll as we now
have a list of all firearms instructors from AZ POST. We DO NEED a letter or
email from you with your: Notification that you wish to participate in this
program, name, instructor number, city and last four of
your SSN. This will allow us to process your request much faster and create an
accurate list of instructors.
LEOSA
Instructor Application
Frequently Asked Questions (FAQs) about LEOSA (H.R. 218):
1. 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
(or an active reserve officer) 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.
A “qualified retired law enforcement officer” is defined as an individual who:
has retired in good standing from service with a public agency as a law enforcement officer for an aggregate of fifteen (15) years or more for reasons other than mental instability, or retired from such an agency due to a service-connected disability after completing any applicable probationary period of such service;
was authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;
had statutory powers of arrest;
has a non-forfeitable right to benefits under the retirement plan of the agency for which he was employed;
meets, at his own expense, the same standards for qualification with a firearm as an active officer within the State in which he resides;
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 retired law enforcement officers must carry the photographic identification issued by the agency for which they were employed and documentation, which shows that they have met the qualification standards in their State of residence for the firearm, they are carrying.
Additionally, the applicant for an AZ DPS LEOSA certificate must be a resident
of Arizona in order for the certificate to be valid (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.
LEOSA established two means of carrying identification:
`(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.
The definition of “firearm” specifically excludes machine guns, silencers, explosives or other destructive devices as these terms are defined in Federal law.
2. 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.
3. 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.
4. 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.
5. 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.
6. Does H.R. 218 preempt state and local laws regarding firearms?
Yes, however, 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.
7. Can a person carrying pursuant to LEOSA carry a concealed firearm into a
place that serves alcohol for consumption on the premises?
Depends. 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.
8. 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.
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