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Police and Law Enforcement Home  >  Police News  >  HR 218, the Law Enforcement Officer Safety Act or LEOSA

NJLawman.com

HR 218 (The Law Enforcement Officers Safety Act or LEOSA)

Police and
Law Enforcement News


 

 

HR 218, The Law Enforcement Officer Safety Act of 2004

 

H.R. 218 NOW LAW

Page 1       Page 2

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.

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?

Related

Read the Text of the June, 2005 NJ Attorney General Memo on HR 218

Read the Actual HR 218 Law

NJLawman Article New Jersey Addresses Carrying Out-of-State

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? 

Continued on Page 2

NJLawman.com

Thursday, July 22, 2004  10:18 p.m.

 

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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, 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 this law

 

 

 

 

HR 218, the Law Enforcement Officer Safety Act of 2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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