Carrying My Firearm Across State Lines

By Valerie M. Ponder

PBA Legal Services

PBA Legal Services Division often receives phone calls from our members with questions about H.R. 218, a Federal law that was enacted in 2004.  This Federal law sometimes known as “National Concealed Carry for Cops” or more frequently cited as the “Law Enforcement Officers’ Safety Act of 2004,” allows qualified active and retired law enforcement officers to carry concealed firearms while off-duty across state lines, exempting them from state and local laws prohibiting the carrying of concealed firearms.  It does not however, prevent private citizens from prohibiting the carrying of concealed weapons on their property; neither does it prevent the state or local government from restricting the possession of a concealed firearm on its property.

Listed below are general questions and answers to provide you with general information on H.R. 218.  If you have more questions, please feel free to contact PBA Legal Services at 1-800-233-3506.

 What is a ‘qualified law enforcement officer’?

It is an employee of a governmental agency who

• 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

• Is authorized by the agency to carry a firearm

• Is not the subject of any disciplinary action by the agency

• Meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm

• Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance

• Is not prohibited by Federal law from receiving a firearm

What identification is required?

• The photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

What about qualified retired law enforcement officers?

• Qualified retired law enforcement officers may carry concealed weapons as long as they meet certain statutory requirements.

What are the requirements that retired law enforcement officers have to meet?

• Retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability

• 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

• Before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more or

• 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

• Has non-forfeitable right to benefits under the retirement plan of the agency

• 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

• Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance

• Is not prohibited by Federal law from receiving a firearm

What identification is required?

• 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

• A photographic identification issued by the agency from which the individual retired from service as a law enforcement officer and

• 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