LEOSA (HR 218 Question)

[sd976]

If someone is carrying under HR 218 (LEOSA), does the state of Illinois and city of Chicago honor this?

[DefensiveCarry.com]

[jryan630]

I do and I dont know. I don't see how they couldn't honor it since it's a federal law that supercedes and state or local law.

http://www.fop.net/legislative/issue...8/hr218faq.pdf

[TheConcealer]

Federal law says marijuana is a schedule I drug, yet my state isn't deterred by that. Hmm.

[jryan630]

I wouldn't go to Chicago or D.C or CA EVER!!!

[mulle46]

Federal law says marijuana is a schedule I drug, yet my state isn't deterred by that. Hmm.

it's more that the Feds seem to be ignoring the federal law in states that allow marijuana.

[TheConcealer]

it's more that the Feds seem to be ignoring the federal law in states that allow marijuana.

True. Bad analogy, back to the drawing board. After reading that article though, looks like Chicago would have to recognize and allow it, or rather Illinois as a whole.

[cybercop106]

HR218 provides an 'affirmative defense', so you CAN be arrested. Whether you are prosecuted or not will be determined by your adherence to the provisions of HR218. We must keep in mind the requirements and limitations of HR218 tho. You can be prohibited from carrying on private property by the owner(s), and state/local governments are allowed to restrict carry on their property. You are also restricted from carrying on aircraft, as well as in/on most federal buildings/federal property. You must have your department issued ID card and a form stating you qualified with the carry weapon w/in the last 12 mos. I have a CCP in FL cause it's easier in most cases than invoking HR218.............
And I agree whole-heartedly with jryan630 about NOT going to Chi-Town, DC or Kalifornia!

[WC145]

Only retired officers are required to carry proof of qualifying within the past year, it can be noted on their ID or a separate form. Active officers only need their dept ID.

LEOSA is the law and has been for 8 years, everybody knows about the requirements and restrictions now and the 2010 improvements eliminated a lot of "grey". If you follow the rules and keep your weapon concealed you shouldn't have any issues anywhere. I haven't heard or read about anyone getting jacked up over LEOSA questions in years. Also, I've traveled armed (off duty) all over the eastern US and Texas and have yet to have any sort of run in with the law. I wouldn't hesitate to carry in Chicago or anywhere else.

[glockman10mm]

I agree. I carry everywhere. No problems.

[fastk9dad]

I'd also pay attention to your dept regs. Some may not want you doing it for whatever reason and even though it's perfectly legal if they catch wind of it they may make your life difficult.

[Steve261]

As long as you meet the requirements for LEOSA and are carrying under the guidelines set for LEOSA, you are good to go. Its not an affirmative defense, it is a Federal Law that covers qualified active and retired officers. That's like saying, "oh, you have an out of state drivers license, well......we're gonna arrest you anyway. You defend yourself in court."

Look up Sheepdog Academy and you will find plenty of case where officers were jammed up, but the departments that jammed them up were ultimately slapped with big lawsuits!

Plenty of LEO's carry in Chicago, DC and California.

[cybercop106]

Only retired officers are required to carry proof of qualifying within the past year, it can be noted on their ID or a separate form. Active officers only need their dept ID.

LEOSA is the law and has been for 8 years, everybody knows about the requirements and restrictions now and the 2010 improvements eliminated a lot of "grey". If you follow the rules and keep your weapon concealed you shouldn't have any issues anywhere. I haven't heard or read about anyone getting jacked up over LEOSA questions in years. Also, I've traveled armed (off duty) all over the eastern US and Texas and have yet to have any sort of run in with the law. I wouldn't hesitate to carry in Chicago or anywhere else.

Yeah, I just assumed he was retired and traveling....... like me. My bad to assume that.

On another note, the "Affirmative Defense" aspect applies after being arrested, which obviously we can be. We hope other LEOs will show at a minimum some professional courtesy but........ I know of the Diaz case in CA where he got $44k for false arrest but the Coast Guard emasculated his right under LEOSA afterwards. I haven't heard of any other false arrest suits........ it's great if those offending agencies are being taken to task tho!
Anyway, when I retired the main thing at the time was the Sturgis case with the WildPigs vs Hells Angels. The 4 LEOs were saved on Affirmative Defense by the judge's ruling. But the LEOSA guidelines include obeying "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." So one has to be cognizant of those restrictions as they vary from state to state to locality........................ it's important to remember LEOSA is not cart-blanche.

[kb2wji]

From my understanding, you can carry anywhere so long as it is not private property or federal property prohibiting such. That said, I carry just about everywhere, but there are exceptions. I carry during most of my travel, but still dont carry when I am in NYC. It would be legal, but God forbid I get confronted by a LEO that does not know the ins and outs. Even though i'm legal, its not worth the possible time delay being detained. I conceal a PM9, which is all but invisible....but the risk is always there for the wrong person seeing you. IMO, not worth the potential headache. Plus, NYC doesnt allow guns, so obviously there isnt any gun crime

In a nut shell you would be legal, but that does not mean you are without potential drawbacks.