HR218 - The Law Enforcement Officers Safety Act of 2004

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What exactly is HR218, The Law Enforcement Officers Safety Act of 2004?

On July 22, 2004 in a Roosevelt Room Ceremony the bill which we have come to know simply as H.R. 218 was signed into law by President George W. Bush. Also known as the "National Concealed Carry for Cops" legislation and the "Law Enforcement Officers Safety Act of 2004," this new law allows law enforcement officers to carry their weapons while off duty between states.

Okay, what is HR 218?

...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)

What About us Retired Guys? 

Yes, HR 218, the Law Enforcement Officer Safety Act of 2004, applies to retired officers who meet the law's definition of "qualified retired law enforcement officer."

How does the Law Define "Qualified Retired LEO?"

(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 10 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.

What about Identification for Retired Officers?

(d) The identification required by this subsection is--

`(1) a photographic identification [emphasis added] 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.

To view the actual HR218 bill go to this link:

http://le.nra.org/leosa.aspx