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It’s a law, not a House resolution
The year 2024 marks two decades since H.R. 218 was passed and became law. It’s way past time that law enforcement professionals, especially firearms instructors, understand it and refer to it by the proper name. Calling this law “House Resolution 218” makes us sound ignorant of basic civics. Do you put clips in your assault rifle? The Law Enforcement Officers Safety Act is a great federal law that is widely misunderstood because we can’t help reading into it or trying to pretend it is more restrictive than it is.
First off, a disclaimer: I am not an attorney. I’m not qualified to give legal advice. Read the law for yourself. It is 18 USC 926 (b)(c). Talk to your legal representative and ask questions of lawyers who work with this law and are up to date on the cases where it has been used.
Basically, LEOSA allows law enforcement officers and qualified retired LEOs to carry guns in any jurisdiction of the United States without the worry of state and local laws. As with any law, definitions are important. Read them. The statute defines who is covered and what is qualified. Every state has standards for active LEOs, so they are good with their credentials. Retirees need to have a photo identification from the agency they separated from, showing that they were an armed, sworn law enforcement officer with at least 10 years of service.
As with any law, definitions are important. Read them. The statute defines who is covered and what is qualified.
Retirees also need to have a qualifications card showing they passed a firearms qualification from either the agency they retired from or from a state law enforcement firearms instructor in the state they currently reside in, dated in the past 12 months. Note that it is not just any instructor. It must be an instructor who is approved by the state to train and certify law enforcement officers in that state. In my state, the Florida Department of Law Enforcement (FDLE) sets the standards for police training and instructors. FDLE issues me numbered cards that I then sign and issue to those who I witness passing the state standard qualification course each year. It is a simple 40-round course of fire that can be done on a private range. It is not training but merely a proficiency exam demonstrating that the shooter met the minimum requirements of being safe and effective.
Every state has its own course, but sadly, some have abused the intent of this federal law by imposing overly difficult standards, creating obstacles to those wanting to exercise their legal privilege. Some have even tried to declare that federal law does not apply in their jurisdiction. However, unless their state formally secedes from the union, they must follow federal law. Case law is very clear that LEOSA is good law and is routinely interpreted in a manner beneficial to the individual officer. Still, we hear rumors of places challenging it. Usually, these turn out to be just boisterous politicians pandering to fear and ignorance in left-leaning states rather than actual enforcement efforts. Still, it is worth discussing how one might act in situations where the law comes into common use.
If you must use deadly force, you should follow all the things you were taught. Ensure your safety by dealing with the threat, scanning for additional threats, calling for help, rendering aid, etc. When the good guys arrive, be sure you aren’t mistaken for the criminal. Have your weapon secure or out of your hand so you don’t appear to be a threat to the responding officers or any other concealed carriers. Identify yourself and consider giving a brief overview of what happened and why you needed to use deadly force. However, you should remember that you are the subject of a criminal investigation, so it is wise to have some professional legal advice before you make any statements or answer questions. I highly recommend special insurance policies like those offered by CCW Safe, USCCA and other gun rights organizations. The cost of defending even the cleanest shooting can bankrupt most of us.
For the more likely encounter with an officer from another jurisdiction, such as a traffic stop, I recommend making it as safe and easy for everyone as possible. I pull over to a safe spot, leaving plenty of room for this officer, who has no idea that I’m one of the good guys, too. I open all my windows and turn on my interior lights. I display my credentials on the steering wheel by the fingers of my empty, open hands when he makes his approach. I greet him verbally without any movements that could be alarming. It is his stop, and I am submitting to his authority. My weapon is out of sight and secure on my body. There is no need to produce it. Typically, the conversation will pivot to congenial cop talk, but should things take an adversarial turn, it’s time to consider your rights. Questions about bullet type or magazine capacity are clues that you may want to request a supervisor or a lawyer.
It is important to understand that LEOSA does not convey any powers of arrest and does not apply to restricted areas such as airports at or beyond the TSA checkpoint, jails, courthouses, military bases, etc. It also does not negate trespass laws. If someone decides not to allow you to carry a gun on their property, that is their right. Of course, if they don’t know, it may only be a rule you are breaking and not a law. Sporting events and theme parks are examples where some property owners may foolishly enforce rules on LEOSA carriers that were meant for civilian gun carriers. State and local laws vary on restrictions regarding pistol permits for civilians.
LEOSA has been amended twice to clarify the intent of Congress to make LEOs and society safer by allowing and encouraging trained guardians to carry tools to protect themselves and others from criminal violence. New case law will define it more precisely. There are still some issues that need to be addressed, such as standardizing credentials and forcing agencies to issue them. Personally, I’d like to see LEOSA extended to airplanes. With just a bit of extra training, we could eliminate most of the expensive sky marshals while improving security with a huge untraceable cadre of unpaid LEOSA carriers. In pre 9/11 days, LEOs routinely flew armed. The procedure was for the airline gate agent to introduce you to the head flight attendant, pilot, and any other armed passengers. It was simple, safe and effective. As with most laws, it is important to understand the spirit of the law rather than focus on the letter when applying it to a given situation. Common sense, unfortunately, is not so common. Take care of yourself and stay safe.
Dave Bryant
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