|
H.R. 218
NOW LAW
A Look at HR 218, The Law
Enforcement Officers Safety Act of 2004
Please Post in Your Headquarters
NJLawman.com
Thursday,
July 22, 2004 10:18 p.m.
WASHINGTON - Today, in a Roosevelt
Room Ceremony the bill which we have come to know simply as H.R. 218 was signed
into law by President George W. Bush.
Also known as the "National
Concealed Carry for Cops" legislation and the
"Law Enforcement Officers Safety Act of 2004," this new law
allows law enforcement officers to carry their weapons while off duty between
states.
It is expected that guidance on this
law will come down from the State Attorney General's Offices, and we
strongly recommend that officers wait until such time before carrying their
weapons over state lines.
We would like to offer some warnings
for all to heed.
First, when in another state you
will be subject to the use of force laws of that state. Additionally, the
laws of arrest, self defense, and firearms in other states will be different and
will govern any actions taken.
HR 218 will not be a defense to
possessing hollow point bullets, carrying a weapon on a school campus, carrying
a prohibited weapons, carrying a weapon in a casino, etc. Some of these
scenarios are illegal in certain states. Know HR 218, but also know the
laws of that state in which you intend to carry!
Second, and this goes double for
uniformed officers, you have to identify yourself. You need to identify yourself
by badge and by word. Officers who work primarily in uniform are the worst
at this since they are not accustomed to identifying themselves at scenes.
The uniform takes care of that. When identifying yourself, use the loudest
voice possible so witnesses will hear you and be able to corroborate your
account of the incident later.
Below we have provided a basic
breakdown of the new law. We again caution that guidance should be sought
by your agency and/or the Attorney General's Office before acting on the new HR
218
law. Consult the administration from your own agency regarding HR 218
before acting on it. Also, at the bottom of the page we have provided a link which will
bring you to the actual text of the new law.
Okay, what is HR 218?
...an
individual who is a qualified law enforcement officer and who is carrying
the identification required by subsection (d) may carry a concealed
firearm that has been shipped or transported in interstate or foreign
commerce, subject to subsection (b).
For whom does HR 218 apply?
This law applies
to persons who meet the definition listed below of a "Qualified Law
Enforcement Officer."
qualified
law enforcement officer means an employee of a governmental agency who--
`(1)
is authorized by law to engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers of arrest;
`(2)
is authorized by the agency to carry a firearm;
`(3)
is not the subject of any disciplinary action by the agency;
`(4)
meets standards, if any, established by the agency which require the
employee to regularly qualify in the use of a firearm;
`(5)
is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance; and
`(6)
is not prohibited by Federal law from receiving a firearm.
What kind of
"Identification" is Necessary Under HR 218?
(d)
The identification required by this subsection is the photographic
identification [emphasis added] issued by the governmental
agency for which the individual is employed as a law enforcement officer.
What Does HR 218 Prohibited
me from Carrying?
(e)
As used in this section, the term `firearm' does not include--
`(1)
any machinegun (as defined in section 5845 of the National Firearms
Act);
`(2)
any firearm silencer (as defined in section 921 of this title); and
`(3)
any destructive device (as defined in section 921 of this title).
What About us Retired Guys?
Yes, HR 218, the Law
Enforcement Officer Safety Act of 2004,
applies to retired officers who meet the law's definition of "qualified
retired law enforcement officer."
How does the Law Define "Qualified Retired LEO?"
(c)
As used in this section, the term `qualified retired law enforcement
officer' means an individual who--
`(1)
retired in good standing from service with a public agency as a law
enforcement officer, other than for reasons of mental instability;
`(2)
before such retirement, was authorized by law to engage in or supervise
the prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and had statutory
powers of arrest;
`(3)
(A) before such retirement, was regularly employed as a law enforcement
officer for an aggregate of 15 years or more; or
`(B)
retired from service with such agency, after completing any applicable
probationary period of such service, due to a service-connected
disability, as determined by such agency;
`(4)
has a nonforfeitable right to benefits under the retirement plan of the
agency;
`(5)
during the most recent 12-month period, has met, at the expense of the
individual, the State's standards for training and qualification for
active law enforcement officers to carry firearms;
`(6)
is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance; and
`(7)
is not prohibited by Federal law from receiving a firearm.
What about
Identification for Retired Officers?
(d)
The identification required by this subsection is--
`(1)
a photographic identification [emphasis added] issued by the
agency from which the individual retired from service as a law
enforcement officer 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 agency to meet
the standards established by the agency for training and qualification
for active law enforcement officers to carry a firearm of the same type
as the concealed firearm; or
`(2)(A)
a photographic identification issued by the agency from which the
individual retired from service as a law enforcement officer; and
`(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.
If you would like to view the
actual HR 218 law,
click
here.
NJLawman.com
Thursday,
July 22, 2004 10:18 p.m.
H.R.
218 Law Enforcement Officers Safety Act of 2004 National Concealed Carry Law
This law goes by H.R. 218, HR 218, Law Enforcement Officer
Safety Act, National Concealed Carry Law, and the Law Enforcement Officers Safety Act of 2004.
Police, Sheriff, Corrections, State, and all law enforcement officers are
cautioned against bringing guns to airports, schools, casinos, and other
sensitive locations. Consult a qualified legal authority before acting on
this law
HR 218, the Law Enforcement Officer
Safety Act of 2004
|
