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Carrying of Concealed Firearms by qualified retired Law Enforcement Officers

CARRYING OF CONCEALED FIREARMS BY QUALIFIED
RETIRED LAW ENFORCEMENT OFFICERS


A copy of the statute (current as of 1-26-09) is attached to this memo, for ease of reference.
Here are some common questions and answers:

What does the statute allow me to do?
To carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to certain exceptions.
Who can transport a concealed weapon under this law?
You must be a ‘qualified retired law enforcement officer’ and meet the testing standards.


What are the qualification requirements?
A ‘qualified retired law enforcement officer’ means you –

a. retired in good standing from service with a public agency as a law enforcement officer, and you retired for reasons other than mental instability, AND
b. before retirement, you were authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law, and had statutory powers of arrest; , AND
c. before such retirement, you were regularly employed as a law enforcement officer for an aggregate of 15 years or more; OR
-you retired from service with such agency, after completing any applicable probationary period, due to a service-connected disability (as determined by that agency) AND
d. you have a nonforfeitable right to benefits under the retirement plan of the agency; AND
e. during the most recent 12-month period, you have met, at your expense, the State’s standards for training and qualification for active law enforcement officers to carry firearms; AND
f. you are not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; AND
g. you are not prohibited by Federal law from receiving a firearm.

What identification am I required to carry?
(1) a photographic identification issued by the agency from which you retired that indicates that you have been tested or otherwise found by the agency to meet the standards of training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm (within the last 12 months); OR
(2) a photographic identification issued by the agency from which you retired; AND a certification issued by the State in which you reside that indicates that you have been tested or otherwise found by the State to meet the standards for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm (within the last 12 months).


What firearm am I allowed to transport?
A firearm of the ‘same type’ as the one with which you qualified.


What does the statute NOT allow me to do?
18 U.S.C. 926C does NOT supersede or limit any state laws that—
a. Permit private persons or entities to prohibit or restrict concealed firearms on their property, OR
b. Prohibit or restrict possession of firearms on State or local government property, installation, building, base, or park
c. Prohibit the transporting of machine guns, firearm silencers, or ‘destructive devices’.


What ‘course of fire’ is required?
This will vary. It is the course of fire required by the agency from which you retired, OR the course of fire required by the State in which you reside.

18 U.S.C. 926C. (From Cornell Law School U.S. Code service)
(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired 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).
(b) This section shall not be construed to supersede or limit the laws of any State that—
(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
(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.
(d) The identification required by this subsection is—
(1) a photographic identification 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.
(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) a destructive device (as defined in section 921 of this title).

Last updated/reviewed April 21, 2009

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