H.R. 218 L.E.O. Safety Act of 2004

svalent · #1 03-27-2009, 01:27 PM

Hello Everyone.

I am going to pose a question to all the membership, especially Lawyers, Police Chiefs, Police officers, A.G.s, D.A.s and the politicians who wrote this bill.

I am a retired NJ police officer, and since I am not an attorney I am still having problems with the interpretation of this Bill.
I live in the Commonwealth of Pennsylvania having retired from a police agency in New Jersey. I possess a PA CCW permit and recently restored my NJ CCW permit for Retired LEOs.

My question is this: Does this now, under H.R. 218, allow me to carry in all 50 states (subject to some restrictions such as Govt bldgs and airplains etc)?

There is still so much vagueness regarding this bill and some states still resist to give any definitive information about this. I don't want to get "jacked up" over carrying in an anti-carry state.

Thanking all of you in advance for any information you can give,

Steve Valent, Cpl
City of Rahway, NJ PD

netentity · #2 03-27-2009, 01:59 PM

I can answer that since Nevada civilian CFP instructors are in a somewhat unique position of being allowed to do LEOSA range qualifications for Nevada.

In Nevada, civilian CCW instructors can be delegated by State law by the County Sheriff to do the range qualification portion of LEOSA if the county sheriff does not wish to do it themselves internally by their department. LVMPD for Clark County Nevada has delegated that to CCW instructors. The respective county sheriff in Nevada does the background check and verifies LEOSA status then issues the retired LEOSA ID card and the qualification card.

You need to have a retirement LEO ID issued to you by the agency certifying you for LEOSA. The agency that has jurisdiction over LEOSA certification for PA is who you need to talk to. Certification is handled by the agency who has jurisdiction over where the retiree resides. If you were living in Las Vegas Nevada, it would be LVMPD. It may be your county sheriff, your local PD or State police. It greatly varies from State to State.

Just being a retired LEO with 15 years of honorable service with State issued CCWs is not enough, you must have a LEOSA ID card and qualify annually. In Nevada, we have two cards issued by the county sheriff's CCW detail or unit from the county you reside in; one showing you're a retired LEO that meets the service requirements for LEOSA and the other stating you've qualified for the year.

Jerseyguy · #3 03-27-2009, 06:22 PM

There was an H.R. 218 Class at the Essex County Police Academy the other day which answered your questions. There will be another on 14 April. I also know the Chief at Rahway P.D. Call Chief Rodger and ask if the lawyer who taught at the ECPA (which is also a partner to his City lawyer) will have a class at Rahway for current and retired LEOs.

netentity · #4 03-27-2009, 08:05 PM

Quote:

Originally Posted by Jerseyguy

There was an H.R. 218 Class at the Essex County Police Academy the other day which answered your questions. There will be another on 14 April. I also know the Chief at Rahway P.D. Call Chief Rodger and ask if the lawyer who taught at the ECPA (which is also a partner to his City lawyer) will have a class at Rahway for current and retired LEOs.

That won't fly. He lives in PA which means he must qualify for LEOSA in PA. PA isn't doing LEOSA qualifications as of yet.

Here's the relevant portion of 18 USC 926C;

(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 to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

The OP has three options;

Move back to NJ.
Wait for PA to develop a LEOSA certification process until which he's just a civilian who has to get the same CCWs we non-LEOs do.
Move to another jurisdiction that does LEOSA certifications.

Jerseyguy · #5 03-28-2009, 10:08 AM

Thx for that update. I must admit that as a current LEO I have not yet focused on the LEOSA details for retirees as much. I do, however, know a retired NJ LEO who lives out of state who does have a HR 218 retired card, but I think he used a relatives address in NJ as a secondary residence.

netentity · #6 03-28-2009, 03:52 PM

Quote:

Originally Posted by Jerseyguy

Thx for that update. I must admit that as a current LEO I have not yet focused on the LEOSA details for retirees as much. I do, however, know a retired NJ LEO who lives out of state who does have a HR 218 retired card, but I think he used a relatives address in NJ as a secondary residence.

I would have him consult an attorney who has been admitted to the federal bar to verify that's legal. I don't think it is.

I interpret residency for LEOSA the same as it is for the resident/non-resident CCWs. DL and LEOSA qualification should be issued by the same State.

Here are the typical definitions of residency;

The State that issues your DL (primary declaration of residency)
The State you're registered to vote in.
The State you declare as your address on your federal tax returns.
The State that issues license plates for vehicles you drive most of the time.
The State you file State income tax in
The State where you have filed a declaration of homestead if you own real property

Even the pro-RKBA States will call someone to the carpet if LEOSA isn't followed to the letter. Here in Nevada, it's a category C felony. It's not worth the risk, do it right.

Jerseyguy · #7 03-28-2009, 10:21 PM

Anyone have a list of states that have LEOSA statutes for their retired residents?

Tomas · #8 04-21-2009, 05:50 PM

Can you tell me under 218 as a retiree, can I carry my Sig 9mm with 15 rounds in Nevada? Thanks

netentity · #9 04-22-2009, 04:48 PM

Quote:

Originally Posted by Tomas

Can you tell me under 218 as a retiree, can I carry my Sig 9mm with 15 rounds in Nevada? Thanks

Nevada has no magazine capacity restrictions. You could legally carry a semi-auto AR-15 or AK-47 pistol with a drums as those meet statutory definition of a handgun per the NRS and LEOSA. I'd be interested to see how you could conceal it though.

The only States with magazine capacity restrictions are CA, HI, MA, MD, NJ and NY(C). I do not know if their magazine restriction laws apply to LEOSA qualified retirees. Looking at the laws of those States gives me a bigger headache than the IRS code.