What Is Leosa?

What is LEOSA for Active and Retired Law Enforcement Officers?

Today’s topic might run a bit longer than usual, but if you’re a police officer or retired officer, this is information you’ll want to know.

What is LEOSA?

LEOSA stands for the Law Enforcement Officer Safety Act, also known as HR 218. It was signed into law by President George W. Bush to unify the various state and local laws regarding off-duty and retired law enforcement officers carrying concealed firearms. Essentially, LEOSA allows qualified officers to carry concealed firearms in any state, even if state or local laws would normally prohibit it.

LEOSA mandates that qualified active and retired law enforcement officers can carry a concealed firearm anywhere in the United States, overriding most state and local laws. To be eligible, an officer must carry proper identification and meet specific criteria.

LEOSA Rules for Active Officers

For active law enforcement officers, the rules are straightforward:

• You must be an active officer with the authority to make arrests. This doesn’t mean you need to be arresting people regularly—chiefs or other officials who haven’t made an arrest in years still qualify, as do prosecutors and corrections officers with statutory arrest powers.
• You must be in good standing with your department.
• You must carry your law enforcement ID while carrying a concealed firearm, though your badge is not required.

Restrictions and Important Notes

There are a few important restrictions to keep in mind:

• LEOSA does not permit officers to carry concealed firearms into government buildings, such as post offices (where it’s a felony to carry a gun) or federal buildings.
• Private property owners can prohibit firearms on their premises, so if you’re asked to leave, you should comply.
• While LEOSA allows concealed carry in most places, state and local laws may still impose additional restrictions on things like magazine capacity. For example, if a state limits magazine capacity and you carry a firearm with a higher-capacity magazine, you could be in violation of that state’s law, even though LEOSA doesn’t override it.

LEOSA Rules for Retired Officers

Retired officers have additional requirements:

• They must have at least 10 years of service with their agency.
• They must qualify annually at a firearms training program. While active officers must follow state regulations, LEOSA specifically requires retirees to qualify every year.

Many police departments provide retirees with free qualification sessions, but this can vary. It’s essential for retirees to ensure they are in compliance with the annual training requirement to carry under LEOSA.

What Can You Carry?

LEOSA allows officers to carry firearms that have been transported in interstate or foreign commerce. Most firearms meet this requirement. However, issues may arise if you’re carrying a gun that was only manufactured and sold within the same state. While there is little case law on this, it’s wise to consider using a firearm that was clearly transported between states to avoid potential legal complications.

Magazine and Ammunition Considerations

LEOSA does not cover magazines or ammunition, which means that state laws on magazine capacity still apply. If you carry a firearm with a magazine that exceeds state limits, you may be breaking the law, even though the Second Amendment protects your right to bear arms. To avoid issues, I recommend using lower-capacity magazines when traveling to states with restrictions.

Regarding ammunition, some argue that LEOSA permits the carrying of restricted types of ammunition, such as hollow points. We’ll discuss this more in the webinar.

Alcohol and Intoxicants

Officers must not be under the influence of alcohol or any intoxicating substance when carrying a concealed firearm. While consuming alcohol in private is a different matter, it is not advisable to mix alcohol and firearms in public.

Identification Requirements

Retired officers must have proper identification from their former agency, which should state that they are retired law enforcement officers. Unfortunately, some agencies, especially those in corrections, do not issue these IDs, making it difficult for some retirees to carry under LEOSA. Without this ID, you cannot legally carry under the act. There is no mechanism under LEOSA to compel agencies to issue these IDs, so it’s important to advocate for changes within your agency if needed.

In Summary

If you are an active or retired law enforcement officer and meet the LEOSA requirements, you are allowed to carry a concealed firearm in most places across the U.S., excluding government buildings and private properties that prohibit firearms. While LEOSA is powerful and offers significant protections, officers must still abide by specific conditions, including ID requirements and annual qualifications for retirees.

I hope this gives you a solid understanding of LEOSA. For more in-depth information, consider attending my upcoming webinar. Until next time, stay safe and be prepared!