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Discussion Starter · #1 ·
On July 22, 2004, President Bush signed into law the Law Enforcement Officers Safety Act of 2004. Until recently, it was more commonly referred to as HR 218, which was its designation as it moved through the 108th Congress. When signed by the President, it became Public Law 108-277 and Sections 926B and 926C of 18 USC Chapter 44.

Link: http://frwebgate.access.gpo.gov/cgi-bin ... ubl277.108

It essentially provides for NATIONWIDE concealed carry by both active and certain "qualified retired law enforcement officers" DESPITE any state or local laws to the contrary. Authority is NOT extended to carry on State or federal property and private property owners retain the right to prohibit weapons on their premises through the posting of signs advising of such prohibition.

The progress in implementation of the procedures necessary to qualify law enforcement retirees varies from state-to-state and currently there are proposed modifications before Congress that should improve and streamline the overall process.
 

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Harley Dude
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In this day and age of high crime levels in most of our big cities I support all LEOs carrying everywhere. If they choose to do so. Some I know don't wish to carry while on vacation and I can understand their feelings about that.

I always think that the more people that are packing the harder it becomes for Tweekers to car jack and rob citizens going about their daily business.
 

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I will quote from my CCW handbook." Law Enforcement Officers Safety Act Of 2004"
"H.R. 218, which became federal law in 2004 prvides honorably retired Law Enforcement Officers with 15 yrs. of service, upon successful completion of a firing qualification test, shall be allowed to carry concealed in all 50 states wherever not otherwise prohibited by state or local statues. State concealed carry instructor can provide this qualification as well as directions necessary to complete the process with the local police dept concealed firearms section"
 
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Discussion Starter · #5 ·
glennc said:
...shall be allowed to carry concealed in all 50 states WHEREVER NOT OTHERWISE PROHIBITED BY STATE OR LOCAL STATUES...
I believe whoever wrote that portion of this particular CCW handbook should have used STATUTES rather than STATUES and doesn't understand the definition of the word "NOTWITHSTANDING" as NOT being restricted by those various state and local laws is what LEOSA is all about.
 

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Captain38 said:
glennc said:
...shall be allowed to carry concealed in all 50 states WHEREVER NOT OTHERWISE PROHIBITED BY STATE OR LOCAL STATUES...
I believe whoever wrote that portion of this particular CCW handbook should have used STATUTES rather than STATUES and doesn't understand the definition of the word "NOTWITHSTANDING" as NOT being restricted by those various state and local laws is what LEOSA is all about.
Sorry my bad...it should read "statutes"
I misspelled it.
 
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Discussion Starter · #7 ·
What better way to curb crime than having a ton of retired LEOs carrying. Punks on the street don't like armed people out of uniform. :) :---
 

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Harley Dude
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leeindy said:
now all we need is national reciprocity

Boy, I agree with that thought!

I think that Mayor Bloomberg, NYC and others from the state of Illinois, WI,NJ & DC will object to that law and do everything in their power to prevent it from happining.

The Brady Group will scream, "there will be shootouts in the streets," again and the battle will be on.
 
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Discussion Starter · #10 ·
If You Merged the Present LEOSA with its Proposed Amendments

I, for one, find it confusing skipping back and forth from the section dealing with LEO retirees in LEOSA 2004 to S. 376 trying to figure out how LEOSA 2007 will read IF AND WHEN it's passed. I took the present bill and merged it with the proposed amendments by taking a little time to "strike" and "insert" where appropriate with the following results. I apologize for any inadvertent errors on my part that I may have made during this transition. I hope my efforts prove helpful and make for an interesting read.

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

“(a) Notwithstanding any other provision of the law of any State or political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subdivision (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 incarnation of any person for, any violation of law, and had statutory powers of arrest;

“(3)(A) before such retirement, served 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) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers as set by the officer’s former agency, the State in which the officer resides or a law enforcement agency within the State in which the officer resides;’; and

“(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-

“(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 active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm or’; and

“(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 or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met—

(i) the active duty standards for qualification in firearms training as established by the State to carry a firearm of the same type as the concealed firearm; or

(ii) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.’; and

“(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).”.

“(f) For purposes of this section, a law enforcement officer of the Amtrak Police Department or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, of the incarceration of any person for, any violation of law, and has statutory powers of arrest.’.

Remember, This version is still pending before Congress and hasn't YET become law!
 

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Harley Dude
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Thanks Capitan38 for taking the time to put up that summary of the new law!
 
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