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Officers:
President
Bruno Varano
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Vice President
Mike Lander
State Delegate
Dave Cipriano
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Treasurer
Alan Drucker
Finance Secretary
Frank Elmo
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Recording Secretary
Scott Mathews
Sergeant-at-Arms
Amy Pickett
TRUSTEES:
Kevin McGlynn
Scott Mechkowski
Paul Passafume
OF-COUNSEL:
Anthony Bergamo
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For Specific New Jersey Right to Carry information, visit the
NJ State Police Website
For additional resources on the Law described below,
click here
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Law Enforcement Officers Safety Act (2004)
On July 22, 2004, President George W. Bush signed into law the "Law
Enforcement Officers Safety Act." This new law exempts active and retired law
enforcement officers from state and local prohibitions with respect to carrying
a concealed firearm. Previously, individual states determined whether out of
state officers could carry a concealed firearm within its borders. In effect the
Law enforcement Officers Safety Act overrides state laws and mandates that
retired and active officers can carry concealed weapons in every state.
The Act does not supersede state laws restricting possession of firearms on
state or local government property. It also gives private persons or entities
the right to prohibit or restrict the possession of concealed weapons on their
property. Such entities could include clubs, bars, amusement parks, ballparks,
etc.
Frequently Asked Questions (FAQ)
What does the law do?
Essentially, the law permits certain individuals employed as law enforcement
officers (LEO) to carry a concealed firearm that has been shipped or transported
in interstate or foreign commerce provided he/she meets two requirements: 1)
he/she is a "qualified" LEO and 2) he/she carries the appropriate
identification. The law exempts qualified individuals from prohibitions that may
have otherwise been imposed by state and local governments.
Who is a "qualified" LEO?
The law distinguishes between qualified (active) LEOs and qualified retired LEOs.
A qualified (active) LEO is an employee of a governmental agency who meets six
criterion:
1. He/she is 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 has statutory powers of arrest;
2. He/she is authorized by the agency to carry a firearm;
3. He/she is not the subject of any disciplinary action by the agency;
4. He/she meets the standards, if any, established by the agency which requires
the employee to regularly qualify in the use of a firearm;
5. He/she is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance;
and
6. He/she is not prohibited by Federal law from receiving a firearm.
An individual is a qualified retired LEO if he/she
meets the following seven standards:
1. He/she must be retired in good standing from service with a public agency for
reasons other than mental instability;
2. Before such retirement, he/she must have been authorized by law to 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. Before such retirement, he/she must have been either regularly employed as a
LEO for a total of 15
years or more or he/she retired from service with such agency after completing
any applicable probationary period, due to a service-connected disability, as
determined by such agency;
4. He/she has a nonforfeitable right to benefits under the agency's retirement
plan;
5. During the most recent 12-month period, he/she has met, at-his/her own,
expense, the State's standards
for training and qualification for active LEOs to carry firearms;
6. He/she is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance;
and
7. He/she is not prohibited by Federal law from receiving a firearm.
What is the appropriate identification?
For an active qualified LEO, the appropriate and required identification is a
photo identification issued to the individual by the governmental agency for
which he/she is employed as a LEO.
A qualified retired LEO is required to provide a photo identification issued by
the agency from which he/she retired as a LEO. Additionally, that identification
must indicate that he/she has, within one year of 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 LEOs to
carry a firearm of the same type as the one concealed. As an alternative to this
additional proof, a qualified retired LEO may provide a certification issued by
the State in which the individual resides that indicates he/she has, within one
year of the date he/she 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 LEOs to carry a firearm of the same type
as the concealed firearm.
What is a "firearm" for the purposes of this law?
A firearm is any weapon (including a starter gun) which will or is designed to
or may readily be converted to expel a projectile by the action of an explosive,
or the frame or receiver of any such weapon. The law specifically excludes any
machinegun, any firearm muffler or firearm silencer, and any destructive device
as defined by Title 18, Chapter 44, section 921 of the United States Code.
A Copy of the Bill
HR 218 PCS
Calendar No. 599
108th CONGRESS
2d Session
H. R. 218
IN THE SENATE OF THE UNITED STATES
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AN ACT
To amend title 18, United States Code, to exempt qualified current and former
law enforcement officers from State laws prohibiting the carrying of concealed
handguns.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General- Chapter 44 of title 18, United States Code, is amended by
inserting after section 926A the following:
`Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers
`(a) Notwithstanding any other provision of the law of any State or any
political subdivision thereof, an individual who is a qualified 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 law enforcement officer' means
an employee of a governmental agency who--
`(1) is 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 has statutory powers of arrest;
`(2) is authorized by the agency to carry a firearm;
`(3) is not the subject of any disciplinary action by the agency;
`(4) meets standards, if any, established by the agency which require the
employee to regularly qualify in the use of a firearm;
`(5) is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance; and
`(6) is not prohibited by Federal law from receiving a firearm.
`(d) The identification required by this subsection is the photographic
identification issued by the governmental agency for which the individual is
employed as a law enforcement officer.
`(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) any destructive device (as defined in section 921 of this title).'.
(b) Clerical Amendment- The table of sections for such chapter is amended by
inserting after the item relating to section 926A the following:
`926B. Carrying of concealed firearms by qualified law enforcement officers.'.
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General- Chapter 44 of title 18, United States Code, is further amended
by inserting after section 926B the following:
`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement
officers
`(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).'.
(b) Clerical Amendment- The table of sections for such chapter is further
amended by inserting after the item relating to section 926B the following:
`926C. Carrying of concealed firearms by qualified retired law enforcement
officers.'
Passed the House of Representatives June 23, 2004.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 599
108th CONGRESS
2d Session
H. R. 218
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