***UPDATE***June 2011***H.R 218 LEOSA... How's that working out for fellow retirees?

Model39

SWCA Member, Absent Comrade
Joined
May 3, 2008
Messages
1,089
Reaction score
3,438
Location
Fairport, New York
H.R. 218 was enacted July 22, 2004, which gave all active duty and retired law enforcement officers the right to carrying concealed weapons in any US state, exempting/amending them from The Gun Control Act of 1968.
The law works fine for current LEOS but there has been a problem at least in my home state of New York (no surprise) for retirees because in the H.R. 218 wording retirees have to "qualify" to be able to use this law. Respective departments are suppose to issue photo ID'S saying the retired LEO from their departments have passed shooting qualifications (1 year qualification, must be renewed every year) in compliance with H.R. 218. and put the gun(s) make, caliber and serial number on the ID card. That has caused alot of problems, as alot of State Governors who dislike or are totally anti-gunners, have set their own rules of qualifications, which don't conicide with another states, giving Governors the power to say no retired LEOS allowed in my state, since they don't met my qualifications, which can change at will to suit their needs.
In my area of upstate New York, other problems have come up such as, departments can't afford to have current/active range officers supervise the qualifications, to which our retirees group responded we have retired range officers willing to donate their time to for this, then we were told there would/might be an insurance question/problem using the Public Safety indoor range,.... what if someone got hurt? Our reponse was we retirees would sign waviers, just like civillians do on ride alongs. This goes on and on.
Last year I met a retired deputy sheriff from Florida who had such an ID card, and said that his department went out of their way to get all the retirees who wanted one of these H.R. 218 ID cards to get one.
Speaking of Florida, I just renewed my Florida Concealed Weapon and Firearm License for the third time this month. The license is good for (7) years and is good in alot of states (too many to list) even though I live in New York. I have family in Georgia and friends I stay with in Florida so this license works great for me.
So my question to fellow retirees..How is this H.R. 218 working out for you, and are you having similar problems like us here in New York? Any input from you might help resolving our problems up here. Thanks.
***UPDATE***I am pleased to say that as of June 30th 2011, all the bugs and other problems were finally worked out, and I took the approved Hr 218 LEO Safety Act of 2004 course here in Monroe County, New York, and passed with flying colors, and now have a certificate/Id card granting me permission to carry a revolver or automatic pistol anywhere in the US. The approved course is open to all retired LEOS regardless where the LEO was employed, as long as the LEO meets the requirements set forth by HR 218. In my class there was a retired LAPD SGT. who recently moved back to upstate New York. These courses will now be given every month. It took for us here almost seven years to finally get this certification course approved, and moved forward, but now there should be no more problems in the future. Thanks to the powers to be, and the hard work our retirees union did to finally get this done. I personally feel that all concealed pistol licenses should be good in all states, just like driver's licenses, etc, but unless things change with the US Congress, I don't see that happening, any time soon.
 
Last edited:
Register to hide this ad
HR 218 needs to be clearer....it's federal so every state should abide by it...but some states seem to think they can get around it....NYC will not honor it for out of state officers...I have no idea why the NYPD commissioner would have a problem with retired cops carrying...let's see how he feels when he retires...

Here is NYPD/NY City putting its spin on things
July 1st, 2005
New York City Pistol Licensees
Commissioner Ray Kelly has screwed you again!
Letters are going out from NYPD Pistol License Section, to all individuals under their jurisdiction (civilian pistol license holders and retired MOS (retired NYPD Police Officers) who have been issued a NYC Pistol License.
If, when you acquired a semi-auto pistol, and indicated on your purchase document a magazine capacity of more than 10 rounds, you will have to prove prior to your next renewal that you legally disposed of such. No Exceptions.
Proof of legal disposal shall be a receipt from a licensed Gun Dealer or active police officer. No other method will be accepted.
Criminal penalties for possession of high-capacity ammunition feeding devices, by pistol license holders and retired NYPD MOS have been put into place. Regardless of when manufactured, or how marked, or when imported into NYC or NYS, they are now contraband, and are not ?grandfathered?.
Retired NYPD MOS who hold NYC Pistol Licenses are no longer exempt. Your ?issued? mags are now contraband.
July 1st, 2005
Retired NYPD MOS who wish to take advantage of H.R. 218 and carry outside the state of New York; Commissioner Ray Kelly has screwed you too!
Regarding retired NYPD Members of service and the federal provisions granted under HR 218. As per Commissioner Ray Kelly, the NYPD shall be the only entity who will provide federally recognized firearms training and provide identification of such qualification. For NYPD retirees who wish to possess a firearm, that must be department approved while traveling outside the state, Commissioner Kelly has indicated that only the make, model and caliber that the officer carried while ?on-the-job? will be accepted. The department?s Division of Legal Matters shall be the sole arbiter as to whom and which retired MOS shall be able to qualify. It has been indicated that medical retirees will not be able to qualify to carry under H.R. 218, since their medical condition prevented them from serving as a police officer. It has also been indicated that any officer applying for status as ?HR 218 qualified NYPD MOS retiree? will have their personnel file reviewed for any debilitating entries that can be utilized in the denial of such an application. The Commissioner has redefined what it means to be a ?retired? police officer. He has effectively divided the department in two; those who will be allowed to exercise their federal right and those who will not. The NYS Dept. of Criminal Justice Services is the sole arbiter regarding the method of instruction and the parameters of the identification card. Firearms Training Section will be the administrator of all such training and the department will be charging several fees for obtaining such a formal designation as a ?HR 218 qualified NYPD MOS retiree?. The Commissioner has decided that by doing so, it will eliminate ?the corruption of the system?, by outside training entities. Retirees living outside the state will only be recognized as an ?HR 218 qualified NYPD MOS retiree? only when they return to Rodman?s Neck and re-qualify. No other state?s training system will be recognized by the NYPD as a valid certification of HR 218 compliance
 
Correction Sip: NYC (NYPD) will not train ANY retirees for 218 purposes, even if the retiree is willing to pay the cost of doing so.
 
LEOSA does not mandate a state or agency to do anything. Nothing in that statute says an agency has to issue a retired ID card nor does it say a state or agency has to qualify a retiree. What LEOSA says is that if an agency or state is going to qualify retirees then the method and requirements are specified in the statute.
Additionally, no state can opt out of LEOSA. And no state has no more than they can opt out of any other federal law. If you check the Congressional record you'll find there was discussion to include a paragraph to allow states to opt out. That was soundly tossed. Therefore, the legislative intent of LEOSA is very clear.
Even NYC is abiding by LEOSA. Out of state/out of town LEOs visit NYC everyday and carry within the requirements of LEOSA. If you've ever visited NYC and interacted with NYPD, even prior to LEOSA, then you'd know what I mean. They have been, and are, very accommodating. There are so many erroneous and outright fictitious rumors passed around about NYPD and other cities that no one ever checks for validity but continually repeat them as if they are fact. On another list just within the week a firearms trainer from another state posted a long winded post how IL doesn't honor LEOSA and that IL was the last state to implement a LEOSA program. None of that was anywhere near the truth. In fact, a complete opposite of the truth but he posted it as if he knew what he was talking about. Unfortunately, he was full of hot air or something because none of it was true. Instead of checking the facts h just repeated what he'd heard and embellished it a bit.
To answer the OP's question, IL was one of the first states to fully implement LEOSA so retirees could get qualified. In fact, from what we found at the time IL may have been the first to get our program up and running. Other states contacted us to use our program as a basis for setting up their programs. It works pretty smoothly here. If a retiree's former agency won't qualify a them then they can download the required forms off the internet, send them to the IL Law Enforcement Training and Standards Board, and the retiree will be sent a list of qualification sites and dates where the retiree can choose to shoot. Shoots are held all over the state thru the Mobile Training Units. After qualifying the range officer forwards the qualification papers to the ILETSB and a certification card usually gets to the retiree within the week. Again tho, the retiree has to have the retired ID from his former agency. That is a requirement set by LEOSA but LEOSA does not mandate that an agency has to issue such retired ID card.
Here's the website where IL retirees can go to get the forms and info concerning the program. Illinois Retired Officer Concealed Carry Program - IROCC
 
There is waaaaaaay too much erroneous information regarding LEOSA. I strongly suggest everyone who is affected READ the law!

That said, the great state of Maryland is wholly proactive and accomodating regarding qualification of state residents. Residents is important. If you are a resident of the state you can be qualified for LEOSA purposes even if your LE orgainization did not choose to qualify you pursuant to the provisions of LEOSA.

I am happy to be a resident of Maryland and affected by enlightened leadership as evidenced by the acceptance and recognition of LEOSA. FYI, I retired in 2005 and have qualified five (5) times.

Be safe.
 
My post above overlapped the post by ispcapt. It's interesting (at least to me!) that we both reference the patently false info that is being circulated.

Read the law. It's Federal law and thus not subject to state review.

Be safe.
 
My post above overlapped the post by ispcapt. It's interesting (at least to me!) that we both reference the patently false info that is being circulated.

Read the law. It's Federal law and thus not subject to state review.

Be safe.
Ya beat me to it!
Some of the stories out there about LEOSA are beyond belief. Makes a person wonder if some of these story-tellers have even read the statute. And if they have read the LEOSA statute then it's even more amazing that they read so much misinformation that isn't there.
 
A big surpise in this whole disaster has been the state of NJ.

Any qualified retired LEO who resides in NJ can get a retired permit to carry, which requires twice annual qualification with a qualified instructor on the NJSP list and a $50.00 renewal.

Now the interesting part, if you move out of NJafter getting the permit, you can keep the permit, as long as you find a qualified instructor on the NJSP list to qualifiy you and pay the renewal fee. This is your proof of qualification anywhere else you go.
 
I have my GA Firearms License that covers me in states that extend reciprocity, and my LEOSA documentation for those that do not....so, it works well for me.

I don't know how other states handle it, but under LEOSA for Georgia you may qualify with revolver or semi-auto and this is so indicated on the card. You may do both if you wish, but separate documentation must be provided for each and you also get two cards (for $15 each). I don't know why they won't let you qualify for both on one paper and then just get one card, but I suspect it is a money thing.
 
Should have noted this previously, but MD no longer allows quals with both a revolver and a semi-auto to allow CCW of both types of handguns.

The reason is interesting...the LEOSA requires quals per state off-duty LEO CCW carry and MD requires "night fire" for active duty personnel. We now must qualify with a "night fire" component, and time constraints don't permit both revolver and semi-auto courses of fire.

Though I did prefer to have a carry option, I wholly understand and am more that happy with their continued support of LEOSA.

Be safe.
 
As far as I know, Hawaii is a world in it's own for retired LEOs.

I really wouldn't push it if you came here carrying under that law.

Remember, Hawaii does Not issue CCW to citizens.
 
As far as I know, Hawaii is a world in it's own for retired LEOs.

I really wouldn't push it if you came here carrying under that law.

Remember, Hawaii does Not issue CCW to citizens.


Once again, LEOSA pre-empts state law...any state...as it pertains to CCW by qualified retired LEO's...and active duty LEO's, obviously.

Be safe.
 
Looks like Hawaii is set up to qualify their retired LEOs.
From the Hawaii AG website:
Law Enforcement Index Page — Attorney General

Also what Big D said. A state does not have the option to simply ignore LEOs/retirees from carrying under LEOSA. It's federal law. They can no more ignore that statute than they can any other federal law. The states know that.
 
Here in Indiana it's up to the local departments to take care of their retirees. The US Justice Department will no allow it's agencies to qualify their retirees so they have to find a friendly local department to qualify them and issue the photo id card. It's worked ok for me sofar.
 
As for me, it's easy...too easy. I qualify at my PD range once a year. Fifty rounds with an auto or revolver. You do not have to carry the handgun you use for qualification purposes. Except if you elect to carry a revolver, you must shoot a revolver for a passing score or the same goes for an auto. Afterwards I get an official card to carry along with my retiree's police ID. Any suburban department officer can use the city PD range as well if they have no other range available. It's simple and quick. I've never heard of any negative issues of any kind.
 
I had the rangemaster position at my job for a few years, I qual'd all of our retired guys, and any out of town/out of state LEOs that showed up on our twice a month range dates.
We used the KS-CPOST qual course so everyone knew what it was and could practice if they wanted to.

It doesn't have to be hard, but some folks are just "that way" I guess.
 
I hate to even call IL's minimum standards as a qualification course. More accurately it should be called a function check. Below is the minimum qual course for all IL LEOs and what is used for the retiree LEOSA shoot. Agencies can have a different qual course instead of the state minimum but their course cannot be any easier than the state minimum.
Sadly there are some, both active and retired, who haven't been able to make the state minimum.

30 rounds for revolver or auto -
12 rounds from the five yard line;
12 rounds from the seven yard line; and
6 rounds from the fifteen yard line.
Requires 21 hits out of 30 rounds within the 8 ½ x 14 target area - 70% proficiency.
 
Having recently retired from my LEO position after 19 !/2 years of duty, I went thru the Clark County METRO's HB 218 requirements for receiving the HB 218 "Retired Officer's Carry Card". The paperwork was minimal and the qualification required was from any duly certified police agency in Clark County. I happened to have business with a fellow Range Master LEO. He ran me thru his agency's standard qualification course for both revolver and autoloader. The card issued by METRO is titled: "STATE OF NEVADA, Retired Peace Officer Firearms Certification". It specifically states that I qualified with "Revolvers and Semi-Automatics". I do have to re-qualify once in each subsequent year with any agency prior to renewal. So far I haven't been out of state to test the waters, so to speak. My 'carry card' does not have my picture. I was told by the issuing officer to just carry my retired ID from my agency with me at all times. .......... Big Cholla
 
Having recently retired from my LEO position after 19 !/2 years of duty, I went thru the Clark County METRO's HB 218 requirements for receiving the HB 218 "Retired Officer's Carry Card". The paperwork was minimal and the qualification required was from any duly certified police agency in Clark County. I happened to have business with a fellow Range Master LEO. He ran me thru his agency's standard qualification course for both revolver and autoloader. The card issued by METRO is titled: "STATE OF NEVADA, Retired Peace Officer Firearms Certification". It specifically states that I qualified with "Revolvers and Semi-Automatics". I do have to re-qualify once in each subsequent year with any agency prior to renewal. So far I haven't been out of state to test the waters, so to speak. My 'carry card' does not have my picture. I was told by the issuing officer to just carry my retired ID from my agency with me at all times. .......... Big Cholla

As in Big Cholla's case, if the photographic credentials issued by the organization from which you retired do NOT also contain the qualification endorsement you must carry that photo credentials card AND the card from the qualifying organization. No exceptions of which I'm aware.

Be safe.
 
Back
Top