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NRA Explains Changes To Police Carry Law
policemag.com ^ | 16 November, 2010 | Paul Clinton

Posted on 12/29/2010 3:57:20 AM PST by marktwain

Revisions to the Law Enforcement Officer Safety Act of 2004 (LEOSA) recently signed by President Obama have expanded which active and off-duty officers are eligible to carry a concealed firearm in all 50 states, an attorney with the National Rifle Association tells POLICE Magazine.

The amendments, which were initially introduced in mid-2009, also set up more clarified guidelines about the documentation needed by retired officers and protect officers' rights to carry hollow-point ammunition — even when traveling in New Jersey.

When first passed, LEOSA didn't create a mechanism that would allow retired officers to exercise their right to carry concealed.

Amendments signed by Obama on Oct. 12 come closer to this goal and are generally good news for officers, said Christopher Conte, legislative counsel with the NRA's Institute for Legislative Action.

The law provides separate sections, offering guidance for active and retired officers that requires the later to "qualify" as the former to carry a concealed firearm in another state.

Most notably, the amendments expand the law's definition of active officers who can qualify, giving the right to more federal agents. Now, Amtrak Police, Federal Reserve officers, executive branch officers — such as all agents under the Department of Justice, U.S. Secret Service, and Park Police — and agents under the Department of Defense are eligible.

Also, officers can't lose their carry right if they've been reprimanded; only more serious misconduct could imperil it.

The active-duty section has also been reworked to protect hollow-point ammunition, but not submachine guns, silencers or a "destructive device" such as a hand grenade, Conte said. Guns or ammunition needing a tax stamp as required by the National Firearms Act wouldn't be protected.

Revisions also reduce the amount of time that an officer has to serve as an officer from 15 years to 10 years to qualify for LEOSA carry rights, bringing the federal requirement in line with states such as California with 10-year qualification already established.

And lastly, the changes create a procedure for retired officers to meet the requirements necessary for LEOSA carry. Retired officers need a special photo ID from the agency that employed them and requalification card. The card can be issued by the state similarly to a driver's license or by a certified firearms instructor (such as a range officer) who is "qualified to conduct firearms qualification tests for active duty officers," Conte said.

Currently, only Virginia accepts certification via the NRA's LEAD (Law Enforcement Assistance Division) program.

The law doesn't mandate states to set up a credential-issuing program.

"It certainly clears up portions of it," Conte said about the LEOSA revisions. "If you are in a hostile state, I don't know if it's going to make it any easier. You can always go down to your county sheriff."

The final bill signed by Obama originated with Sen. Patrick Leahy's (D-Vt.) S. 1132, but was substantially modified since its introduction.

"The dedicated public servants who are trained to uphold the law and keep the peace deserve our support, not just in their professional lives, but also when they are off-duty or retire," Leahy said in a statement on his website.

Officers with questions about laws in their specific states should contact NRA Legal at ILAlegal@nrahq.org.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government
KEYWORDS: banglist; ccw; donutwatch; nra; police
What we need is nationwide Constitutional carry.
1 posted on 12/29/2010 3:57:28 AM PST by marktwain
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To: marktwain

All gun laws are unconstituional.

“The right of the people to keep and bear arms shall not be infringed.”

NO wiggle room there.....


2 posted on 12/29/2010 4:25:51 AM PST by Emperor Palpatine (I'm shocked! Shocked to find out that gambling is going on in here!)
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To: marktwain

WTF? Does this mean we have a new special class of people who are privileged to have freedom to carry guns from state to state by government decree? Is it because they learned gun safety and how to shoot dangerous criminals?

How about the millions of us ex military who were free to carry weapons and use them anywhere in the world? Don’t you think that there is something very wrong with this picture?

I wonder if this is simply pandering to law enforcement unions?


3 posted on 12/29/2010 4:38:46 AM PST by DH (The Second Amendment is the only protection for the First Amendment)
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To: marktwain
What we need is nationwide Constitutional carry.

We already do. What we need is enforcement of the Second Amendment.

4 posted on 12/29/2010 4:43:06 AM PST by magslinger (Samuel Colt, feminist. Making women equal to men for over 150 years.)
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To: DH

After seeing cops shoot at the range, I have my doubts about them carrying on the job. I really can’t understand why we aren’t allowed to carry nationwide once we’ve met our states requirements. What’s the difference, I can drive once I’ve made state requirements?


5 posted on 12/29/2010 4:52:20 AM PST by RIGHTWING WACKO FROM MASS. (Better to have and not need than to need and not have...my theory on gun control)
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To: DH
Does this mean we have a new special class of people who are privileged to have freedom to carry guns from state to state by government decree?

It is more of a clarification/expansion of a law that has existed since 2004. At the time it was passed, many said it was a step toward national CCW. I would ask those people to point out the progress toward national carry as I have seen no such legislative proposal. All that has been accomplished is as you frame it in your question - a special class of people.

6 posted on 12/29/2010 5:05:19 AM PST by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: Emperor Palpatine

Bump!


7 posted on 12/29/2010 5:10:10 AM PST by Leisler (They always lie, and have for so much and for so long, that they no longer know what about.)
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To: RIGHTWING WACKO FROM MASS.

37 of the 57 States recognize my permit. [:0)


8 posted on 12/29/2010 5:48:46 AM PST by seemoAR
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To: DH

Some animals are more equal than others.


9 posted on 12/29/2010 6:08:33 AM PST by Elwood P. Doud (America, you voted for a negro socialist with an Islamic name - so why act surprised?)
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To: DH
How about the millions of us ex military who were free to carry weapons and use them anywhere in the world?

Except on base, e.g. Fort Hood.

10 posted on 12/29/2010 6:24:54 AM PST by USS Alaska (Nuke the terrorist savages, in honor of Standing Wolf.)
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bump


11 posted on 12/29/2010 6:30:04 AM PST by Ghengis
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To: marktwain

If this applies to “sworn officers,” then it applies also to retired military officers.


12 posted on 12/29/2010 12:54:09 PM PST by pabianice
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