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    CONCEALED HANDGUN NATIONAL PERMIT FOR Retired Law enforcement officers!

    CONCEALED HANDGUN NATIONAL PERMIT FOR Former Law enforcement officers!




    H.R.218: The Law Enforcement Officers Safety Act of 2004
    (Enrolled as Agreed to or Passed by Both House and Senate)

    One Hundred Eighth Congress of the United States of America

    AT THE SECOND SESSION

    Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four

    An Act


    To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.

    SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

    (a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

    `Sec. 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).'.

    (b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

    `926B. Carrying of concealed firearms by qualified law enforcement officers.'.

    SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

    (a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following:

    `Sec. 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).'.

    (b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:

    `926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.

    Speaker of the House of Representatives.

    Vice President of the United States and President of the Senate.

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    Re: CONCEALED HANDGUN NATIONAL PERMIT FOR Retired Law enforcement officers!

    I would especially check out New York laws about carrying a concealed handgun. It was about 20 years ago that I had some business in New York City and I was a Special Police Officer in the town I lived in the state of Massachusetts. I had my permit to carried concealed, I had the right to arrest people (misdomeaners in my town, Felonies I saw committed in front of me). I called up the New York State Police and was told that if I got caught with an handgun, concealed or not I was looking at the manditory 1 year in jail.

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    Re: CONCEALED HANDGUN NATIONAL PERMIT FOR Retired Law enforcement officers!

    Law Enforcement Officers Safety Act of 2004 (HR 218)

    On July 22, 2004, President George W. Bush signed into legislation a new federal law, which exempts law enforcement officers from state laws prohibiting carrying concealed firearms. The law allows “qualified” law enforcement officers, current or retired, to carry a concealed firearm in any state without a concealed handgun permit. An officer becomes “qualified” if he or she is a currently certified officer and:


    1. Has full arrest powers;

    2. Is authorized by his or her agency to carry a firearm;

    3. Is not the subject of any disciplinary action by their employing agency;

    4. Meets their employing agency’s firearms qualification requirements;

    5. Is not under the influence of drugs or alcohol; and

    6. Is not prohibited by federal law from possessing a firearm.

    For a retired officer, the officer must meet the following to be “qualified”:


    1. Retired in good standing;

    2. Prior to retirement had full arrest powers;

    3. Had 15 or more years of employment as a law enforcement officer; or

    4. Retired due to a service connected disability;

    5. Has a non-forfeitable (vested) right to retirement benefits with employing agency;

    6. During prior 12 months met state’s firearms qualifications; and

    7. Is not under the influence of alcohol or drugs.


    In Oregon, ORS 166.250 generally prohibits a person from carrying a firearm concealed upon the person. However, ORS 166.260 creates an affirmative defense to prosecution for “Sheriffs, constables, marshals, police officers, whether active or honorably retired, parole and probation officers or other duly appointed peace officers.” This statute is not limited to Oregon law enforcement officers on its face, so it also applies to officers from out of state.

    Oregon presently allows retired officers to carry concealed handguns and without the “qualification” requirements of the federal law. In particular, the federal law is limited to retired officers who have either 15 years employment or suffered a service-connected disability, which would significantly limit its reach regarding out-of-state officers.

    HR 218 DOES NOT specifically supersede state law regulating possession of firearms in public buildings such as courthouses and schools; the only application is to carrying concealed handguns. Therefore, a retired officer MAY NOT carry a concealed handgun in a public building, as is prohibited in ORS 166.370 - the new law does not change this.

    With this Oregon law in mind, the issue for Oregon’s law enforcement officers is making sure Oregon, through DPSST, certifies that retired officers have met Oregon’s firearms training requirements every 12 months, then that retired officer may lawfully carry a concealed handgun in other states.

    In an attempt to provide answers to the many questions regarding this new federal legislation we (DPSST) created an Oregon HR 218 Information Packet that was sent out to each law enforcement agency. The packet includes the Oregon approved Course of Fire for HR 218 compliance, sample Oregon HR 218 Firearms Qualifications Card, and other resources. Law enforcement agencies, and honorably retired law enforcement officers, with questions can contact Deputy Director Eriks Gabliks at DPSST by phone at 503-378-2332 or by e-mail at eriks.gabliks@state.or.us

    State Standard Course of Fire for Retired Officers The Department of Public Safety Standards and Training (DPSST) has received a number of calls regarding the section of this legislation that deals with retired police officers. The Police Policy Committee of the Board on Public Safety Standards and Training approved the DPSST Basic Police Practical Qualifications Course (PQC) to meet the requirement of this legislation. A number of agencies wish to provide the firearms qualifications for either retirees from their agency or for retirees from other agencies who live in their community. We have sent the PQC for agencies who wish to provide this program. This document will only be sent to law enforcement agencies or private firearms training facilities with honorably retired law enforcement officers on their cadre.

    State Standard Firearms Qualification Card for Retired Officers In addition to the PQC, Oregon through DPSST has created a state standard firearms qualification card for retirees who qualify under this program. We ask that if your agency qualifies retirees in firearms you use this state standard format so that officers who encounter this card have a method to verify its validity. Questions regarding the Oregon HR 218 Firearms Qualification Card should be directed to Deputy Director Eriks Gabliks at DPSST by phone at 503-378-2332 or by e-mail at eriks.gabliks@state.or.us

    Firearms Facilities Network for Retired Officers We realize many agencies are having budget and staffing challenges and as a result many agencies may not be able or willing to provide firearms qualifications for retired law enforcement officers. If your agency wishes to provide the firearms qualifications you may charge the retiree a fee for this service. It is the goal of DPSST to provide retirees with a resource system that provides retirees with contact information for law enforcement agencies, as well as approved private firearms ranges, that are providing HR218 qualifications for retirees. If you are interested in being on the HR 218 firearms qualification system please contact Deputy Director Eriks Gabliks at DPSST by phone at 503-378-2332 or by e-mail at eriks.gabliks@state.or.us. This list will be maintained on DPSST’s web page and updated as necessary.



    Challenges to Date

    The HR 218 Program was approved by the Police Policy Committee of the Oregon Board on Public Safety Standards and Training in the winter of 2004. DPSST rolled-out the program soon after in February 2005. The challenges to local law enforcement agencies have been minimal. Offering the HR 218 program is optional and not required. A number of private firearms ranges, who employ honorably retired law enforcement firearms instructors, are involved in the HR 218 Program and play an important role. The largest challenge to date has been that which is experienced by retired police officers who did not receive photo identification cards when they retired from their respective agency. If a retiree wants to carry a firearm our of state under HR 218 they are required to carry both the Oregon HR 218 Firearms Qualification Card and a photo identification card from their former employer indicating they are honorably retired.

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