A Look at HR 218, The Law
Enforcement Officers Safety Act of 2004
Please Post in Your Headquarters
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
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.
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
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?
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
law enforcement officer means an employee of a governmental agency who--
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;
is authorized by the agency to carry a firearm;
is not the subject of any disciplinary action by the agency;
meets standards, if any, established by the agency which require the
employee to regularly qualify in the use of a firearm;
is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance; and
is not prohibited by Federal law from receiving a firearm.
What kind of
"Identification" is Necessary Under HR 218?
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?
As used in this section, the term `firearm' does not include--
any machinegun (as defined in section 5845 of the National Firearms
any firearm silencer (as defined in section 921 of this title); and
any destructive device (as defined in section 921 of this title).
What About us Retired Guys?
July 22, 2004 10:18 p.m.
reading this article, please take a
minute to visit some of our other
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of Duty Deaths - Just as it Sounds
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, LEOSA, 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
HR 218, the Law Enforcement Officer
Safety Act of 2004