NJ Cops Dec18 | Page 12

Retired officers’ right to carry outside NJ: Is there an alternate route under HR 218? On Oct. 12, the attorney general issued FAQs concerning the Law Enforcement Of- ficers Safety Act (LEOSA), also known as HR 218. This is a federal law addressing retirees’ right to carry on a national basis. Among oth- er issues discussed in the FAQs, the attorney general advised that retired New Jersey offi- cers must meet the eligibility requirements of the state law to carry and that LEOSA does not provide an “alternate route” to become eligible to carry outside New Jersey. At the re- quest of PBA President Colligan, we reviewed this specific issue. LEOSA is not a model of clarity, and we believe that portions of the attorney general’s interpretation may be technically in- correct. However, as a practical matter, the eligibility require- ments under LEOSA are substantially similar to, if not the same as, those under New Jersey law and for that reason, New Jersey retired officers cannot bypass New Jersey requirements. There are a few possible exceptions to this conclusion, which are dis- cussed here. As noted, in the FAQs, specifically No. 2, the attorney general concludes that LEOSA does not provide an “alternate path” for retired law enforcement officers living in New Jersey to carry a firearm without applying for a state identification card in accor- dance with N.J.S.A. 2C:39-6(L). This is because New Jersey law is, for the most part, consis- tent with LEOSA’s own requirements, and LEOSA itself requires that any officer must receive an identification card issued by the state of residence. The availability of an “alternate path” is more of an issue in states which prohibit retired officers from carry- ing, or those that have more burdensome qualification require- ments than LEOSA. The key provision of LEOSA, 18 U.S.C. §926C, provides as fol- lows: (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 (b). (Emphasis supplied). This section gives retired officers who meet the eligibility requirements of LEOSA the right to carry concealed weapons across state lines, subject to restrictions in each state’s laws pro- hibiting or restricting the possession of concealed firearms on certain private property or on any state or local government property, installation, building, base or park. To obtain this au- thorization, LEOSA requires proof that the individual was em- ployed as a law enforcement officer for an aggregate of at least 10 years and, within the last 12 months, has met the firearms training requirements for active law enforcement officers as de- termined by the individual’s former agency or the state where the individual resides. In addition, the officer must have a photo identification which was either issued by the agency from which 12 NEW JERSEY COPS ■ DECEMBER 2018 the individual separated from service as a law enforcement officer that provides that he or she was employed as a law enforcement of- ficer and within the last year met the appli- cable standards for qualification in firearms training; or issued by the agency from which the individual separated from service as a law enforcement officer along with a certification from the state where the individual resides, or by a certified firearms instructor within the state, confirming that the officer is qualified as required by state standards. In short, even under LEOSA, a retired officer must first ob- tain an identification card from the state. New Jersey law – specifically N.J.S.A. 2C:39-6(L) – incorpo- rates eligibility requirements for retiree carry privileges that are substantially similar to those described above in LEOSA. To car- ry a firearm in New Jersey, the retired officer must also get an identification card. The officer must make written application and request verification of service from the chief law enforce- ment officer of the agency in which the officer was last regularly employed as a full-time law enforcement officer prior to retir- ing. The verification must include the following: (a) The name and address of the retired officer; (b) The date that the retired officer was hired and the date that the officer retired; (c) A list of all handguns known to be registered to that officer; (d) A statement that, to the reasonable knowledge of the chief law enforcement officer, the retired officer is not subject to any of the restrictions set forth in subsection c. of N.J.S.2C:58-3; (e) A statement that the officer retired in good standing. If approved: [t]he superintendent shall issue to an approved retired officer an identification card permitting the retired officer to carry a handgun pursuant to this subsection. This identification card shall be valid for one year from the date of issuance and shall be valid throughout the state. The identification card shall not be transferable to any other person. The identification card shall be carried at all times on the person of the retired officer while the retired officer is carrying a handgun. The retired officer shall produce the identification card for review on the demand of any law enforcement officer or authority. Thus, New Jersey law is virtually identical to LEOSA’s require- ments. LEOSA expressly provides that a photo identification card must be obtained from the officer’s agency or the state, and a demonstration that certain qualification standards have been met within the last 12 months. New Jersey’s law for retiree carry privileges has similar requirements for retiree carry privileges. The State PBA provided us with a Wikipedia posting stating, in part, that “[a]n individual who qualifies under LEOSA does not require a state-issued permit for carrying a concealed firearm in any state, including that person’s home state. This is because LEOSA, by its terms, provides in its introductory paragraphs (Sections 926B(a) and 926C(a)) that notwithstanding the law of