What Law Enforcement Officers Can And Cannot Carry

The Law Enforcement Officers Safety Act (LEOSA) allows qualified active, retired, separated, and furloughed law enforcement officers to carry a concealed firearm in any jurisdiction in the U.S. and its territories, except for a few off-limits areas. This includes state and public university and/or college campus law enforcement officers, but may not cover private campus police or company police. To qualify, officers must meet specific criteria, including firearms training and a medical assessment of their mental health. While LEOSA overrides most state and local laws, it does not apply to machine guns, destructive devices, or suppressors. Officers must also be aware of restrictions on carrying firearms in certain locations, such as federal facilities, schools, and private properties.

Law Enforcement Officers Safety Act (LEOSA)

The Law Enforcement Officers Safety Act (LEOSA) was enacted in 2004, with subsequent amendments in 2010, 2013, and 2021. LEOSA allows qualified active, retired, or separated law enforcement officers to carry a concealed firearm in any jurisdiction in the United States or its territories, regardless of state or local laws. The act provides that a qualified individual may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, without requiring a state-issued permit.

To be considered a "qualified law enforcement officer", an individual must meet specific criteria. They must be an employee of a governmental agency, authorized by law to engage in or supervise law enforcement activities, and have statutory powers of arrest or apprehension. Additionally, they must be authorized by the agency to carry a firearm, not be under any disciplinary action, and meet the agency's standards for regular qualification in firearm use. The individual must also be free from the influence of alcohol or any intoxicating substances.

For retired law enforcement officers to qualify under LEOSA, they must have retired in good standing from public agency service, with a nonforfeitable right to agency retirement benefits. They should have served as a law enforcement officer for at least ten years (previously fifteen years before the 2010 amendment), and during the most recent 12-month period, they must have met the standards for qualification in firearms training for active law enforcement officers. Retired officers must also not be under the influence of alcohol or any intoxicating substances.

It is important to note that there are areas that are off-limits to LEOSA, and understanding these restrictions is crucial to avoid unknowingly violating the law. Additionally, certain states, such as New Jersey, have challenged the implementation of LEOSA, resulting in legal disputes. LEOSA has been a source of excitement and frustration, with amendments made over the years to address these concerns and expand coverage to include law enforcement officers from various agencies, such as Amtrak Police, Federal Reserve Police, and the executive branch of the Federal Government.

Flying armed

Law enforcement officers (LEO) are permitted to fly armed, but they must meet all federal qualifications or be otherwise authorized by the Transportation Security Administration (TSA). In addition, they must be a federal, municipal, county, state, tribal, or territorial law enforcement officer who is a direct employee of a government agency. They must also be sworn and commissioned to enforce criminal or immigration statutes and be authorized by their employing agency to have the weapon in connection with their assigned duties.

Municipal, county, state, tribal, or territorial officers must present an operational need to have the weapon accessible for the duration of the journey, including while aboard the aircraft. This need must be determined by the employing agency. If the armed LEO is a state, county, or municipal law enforcement officer, they must present an original letter of authority, signed by an official from their employing agency, confirming the need to travel armed and detailing the itinerary. Alternatively, if the LEO is escorting a foreign official, this can be satisfied by a State Department notification.

State, local, territorial, tribal, and approved railroad law enforcement officers flying armed must submit a National Law Enforcement Telecommunications System (NLETS) message at least 24 hours before travel. This message can be submitted during airport check-in to an American Airlines agent, replacing the original letter of authority. All LEOs flying armed are required to check in with an American Airlines agent at the airport before boarding.

Retired law enforcement officers are not permitted to fly armed. They must place their unloaded weapon inside a locked gun case within their checked luggage and declare it to the airline at check-in.

Training and qualifications

The qualifications and training required to become a law enforcement officer vary depending on the jurisdiction and the specific law enforcement agency. In general, a high school diploma or equivalent is the minimum educational requirement to become a police officer, but some agencies may require additional education, such as an associate or bachelor's degree.

In the United States, the requirements to become a law enforcement officer vary by state and agency. For example, in North Carolina, all law enforcement officers employed by an agency must have a high school diploma or its equivalent and must complete Basic Law Enforcement Training (BLET) and pass the state exam. They must also complete the agency's in-service firearms training program. Out-of-state transferees must also complete the Legal Unit and any other identified training of the Commission-certified BLET Course and pass the state exam within their 12-month probationary period.

In California, aspiring peace officers can enrol in the Basic Police Academy, a full-time, 904-hour intensive course that satisfies the minimum training requirements for entry-level peace officers in the state. The course covers various topics, including criminal law, patrol procedures, investigative procedures, firearms training, and leadership skills.

In Texas, peace officers are required to attend ALERRT training and complete 16 hours of ALERRT training every two years. Additionally, specific positions, such as Texas Chief of Police, have their own training requirements, including the Texas Police Chief Leadership Series course.

While the minimum requirements to become a law enforcement officer typically include a high school diploma or equivalent and completion of a basic training program, many officers choose to pursue additional education and training to advance their careers. Associate and bachelor's degrees in criminal justice or law enforcement can provide a deeper understanding of the criminal justice system and leadership skills. Master's and doctoral degrees in related fields can prepare individuals for supervisory or management positions within law enforcement agencies or qualify them for promotions to higher ranks.

Specialized units and training

Within law enforcement agencies, there are various specialized units and positions that officers can pursue, each with its own training requirements. For example, K-9 units require training in handling and working with canines to detect drugs, explosives, or missing persons. SWAT teams require specialized training in tactics and procedures for handling dangerous situations. Other specialized units include narcotics, internal affairs, transit and railroad police, game wardens, and park rangers. Each of these units has its own set of skills and knowledge that officers must acquire through additional training and education.

Continuous learning and development

Becoming a law enforcement officer is just the beginning of a continuous learning journey. As officers gain experience and move up the ranks, they may investigate more complex crimes, requiring further development of their analytical and problem-solving skills. Additionally, the field of law enforcement is constantly evolving, with new technologies, policies, and challenges arising. Officers must stay up to date with the latest advancements and adapt their approaches accordingly. This continuous learning ensures that law enforcement officers are well-equipped to serve and protect their communities effectively.

Off-limit areas

The Law Enforcement Officers Safety Act (LEOSA) was enacted in 2004 and amended in 2010 and 2013. LEOSA allows qualified active, retired, or separated law enforcement officers to carry a concealed firearm in any jurisdiction in the US or US territories, regardless of state or local laws. However, there are off-limit areas that must be understood to avoid unknowingly violating the law.

LEOSA does not override the federal Gun-Free School Zone Act (GFSZA), which prohibits carrying a firearm within 1,000 feet of elementary or secondary schools unless the individual is licensed to do so by the state in which the school zone is located or a political subdivision of that state. While on-duty law enforcement officers are authorized to carry firearms in such circumstances, off-duty and retired officers are restricted from doing so unless they have a firearms license issued by the state.

LEOSA also does not apply to restrictions imposed by private persons or entities on their property, such as bars, private clubs, and amusement parks. Additionally, LEOSA does not supersede restrictions on state or local government property, including installations, buildings, bases, and parks.

Furthermore, per 18 U.S.C. § 930(a), an individual is prohibited from possessing or attempting to possess a firearm in a Federal facility, which includes any building owned or leased by the Federal Government where Federal employees are regularly present for official duties.

It is important to note that there have been legal challenges and differing interpretations of LEOSA, and law enforcement officers should stay informed about the specific laws and restrictions in their respective states or jurisdictions.

State-issued permits

The Law Enforcement Officers Safety Act (LEOSA) of 2004, amended in 2010 and 2013, allows qualified active, retired, or separated law enforcement officers to carry a concealed firearm in any jurisdiction in the U.S. or U.S. territories, regardless of state or local laws. This means that an individual who qualifies under LEOSA does not require a state-issued permit to carry a concealed firearm in any state, including their home state.

LEOSA covers state and public university and/or college campus law enforcement officers, but it does not necessarily cover private campus police or company police. There are two notable exceptions to LEOSA's preemption of state and local laws: the laws of any state that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, and those that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base, or park. Additionally, LEOSA does not override the federal Gun-Free School Zone Act (GFSZA), which prohibits carrying a firearm within 1,000 feet of elementary or secondary schools unless licensed by the state in which the school zone is located.

To qualify under LEOSA, an individual must meet the federal definitions for either a "qualified law enforcement officer" or a "qualified retired law enforcement officer." This includes being an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law, and has statutory powers of arrest or apprehension. They must also be authorized by the agency to carry a firearm, not be the subject of any disciplinary action that could result in suspension or loss of police powers, and meet the agency's standards for regularly qualifying in the use of a firearm.

While LEOSA provides broad privileges for law enforcement officers to carry concealed firearms, there are some important restrictions and considerations. For example, individuals carrying under LEOSA do not qualify for the same exemptions as some state permit holders in terms of carrying concealed firearms in Federal Parks and Gun-Free School Zones. Additionally, there are certain areas considered off-limits to those carrying under LEOSA, such as restrictions imposed by private persons or entities on their property and those imposed on state or local government property. It is important for individuals carrying under LEOSA to be aware of these restrictions and any applicable state laws or regulations to ensure compliance.

Frequently asked questions