A couple of retired federal officers that I know (Border Patrol, and US Marshall's Service) think that the fact that they are retired feds permits them to conceal carry in any state without any training qualifications.
I see that H.R. 218 does not exempt any retired officer from qualification and training. So where is the law that permits retired federal officers from having to do the qualifications and training that other retired LEOs must undergo?
Thanks.
They're wrong. LEOSA (HR218) mandates both annual qualification and credentials necessary to carry under it's provisions as a retiree. Leosa defines the defination of 'retired', and provides very clear standards.
Your friends are wrong. That's not the first time I've known a LEO, especially a federal one, to be wrong. They are required to qualify per their state of residence's qualification standards.
Also, if your friends live in a state, or travel to a state, that has a "magazine ban" in place, they are required to follow that magazine ban under LEOSA. Also, as I understand it, they are not allowed to carry hollowpoint ammunition in New Jersey under LEOSA.
Just my $0.02. I've studied LEOSA a bit because it pertains to me, and off duty carry, so take what I say with a grain of salt, as it's not legal advice.
Although it's illegal, it used to be an unspoken common courtesy to give retired or out of state LEOs a free pass while carrying. With H.R. 218 now in effect, there is no reason to cary "illegal".
BikerRN is dead on the money. If you are retired, you have to meet the proficiency requirements of your state of residence with the type of weapon you will be carrying (i.e. semi or revolver) on an annual basis. To be covered, you have to have documentation of having met that standard within the preceeding 12 month period as well as carrying some form of credentials that show your retired, qualifying, LEO status. LEOSA pre-emption only covers state statutes regarding concealed carry, with very specific exclusions. It doesn't touch on hardware related statutes such as magazine capacity or ammunition types.
I'm a retired Fed (DEA) and carry under HR218. To be fair to all retired LEO's interested in HR218 carry, it has been a PR [Edited] since the gitgo.
No one wanted to OWN the bill or clearly define requirements and failed miserably to bring amendments/clarification to outstanding issues after passage.
State AG's sought different interpretations. States that had no "qualifiying standards" winged it and the folks in the middle were the retired LEOs that the bill sought to assist.
Federal agencies failed to provide clear guidance and some no guidance at all. Some initially refused to create and issue "retired LEO" ID cards as required by law (FBI) and some caved to pressure from retired agents associations and created standards. Other agencies have embraced the law, are working with their retirees and assisting in their certification and quals. Glad you can straighten out your friends.
I have a copy of H.R.218, but I wondered if there was some obscure law that uniquely applied to retired federal officers. Evidently there is no such law.
Today at the gym a friend, who is a reserve LEO of the NM Mounted Patrol and who teaches a CHL course and is up on the laws talked at length to the retired US Marshall. The retired Marshall doesn't carry anyway, but we did want to give him the correct information.
It might come as a surprise that the retired Border Patrol Officer does not see a need to carry. I would have thought he would be one who would see the necessity of CC.
I figured that on this forum would be some fed officers who would know.
Thanks again, and have a nice evening.
Regards,
Jerry
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