FRATERNAL ORDER OF POLICE
PENNSYLVANIA STATE LODGE

H.R. 218, the “Law Enforcement Officers’ Safety Act”

On 22 July 2004, President George W. Bush signed H.R. 218, the “Law Enforcement Officers’ Safety Act,” into law.  The Act, now Public Law 108-277, went into effect immediately.  The bill exempts qualified active and retired law enforcement officers from local and State prohibitions on the carrying of concealed firearms.

Frequently Asked Questions (FAQs) about H.R. 218 from the Grand Lodge website:

Who is eligible to carry concealed firearms under this legislation?

Qualified law enforcement officers employed by or retired from a local, State or Federal law
enforcement agency.

A “qualified active law enforcement officer” is defined as an employee of a government agency who:
    • is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or
      the incarceration of any person for any violation of law;
    • 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 the 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 possessing a firearm.

Qualified active law enforcement officers must carry the photographic identification issued by the agency for which they are employed.

If you are an active duty law enforcement officer with any local, State or Federal governmental agency and you meet all of the requirements above, you may carry a concealed firearm under the provisions set out in the bill.

Additional Information from the Grand Lodge Web site:

Frequently Asked Questions - Updated 1/31/05

Attorney General Memorandum: Guidance on the Application of the Law Enforcement Officers Safety Act of 2004 to Current and Retired Department of Justice Law Enforcement Officers (1/31/05)

Archived info on H.R. 218

 

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