Nationwide concealed carry for LEOS
Congress recently passed a statute allowing nationwide concealed carry by qualified law enforcement officers. Here's my quick read of what the law allows....
LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2004
18 U.S. Code § 926B. Carrying of concealed firearms by qualified law enforcement officers
[My comments in brackets]
(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).
[Looks like you have to carry concealed, not open, and it has to be a gun that at some time was shipped in commerce -- no big problem unless you're in the manufacturer's own state and bought the gun there. Unlikely to pose a problem except for LEOs in Massachusetts and Connecticut. Also note this does not override Federal law, which may govern in Federal buildings and on Federal lands.]
(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.
[So have to watch out for State laws on these subjects -- private land or facilities, and State or local property.]
(c) As used in this section, the term "qualified law enforcement officer" means an employee of a governmental agency who--
[Looks as if the person has to be active duty, not retired. I don't see any proviso for retired LEOs here]
(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;
[Looks like this covers corrections officers, so long as they have 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;
[Useful to note -- would seem to cover disciplinary actions while they are being brought, even if the officer is cleared]
(4) meets standards, if any, established by the agency which require the employee
to regularly qualify in the use of a firearm;
[No definition of "regularly" -- presumably any periodic qualification requirement would do, but one where the officer is called upon to re-qualify if and when requested might not]
(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance;
[We might hope this wouldn't be a problem -- but there might be some question about how much influence of alcohol is under the influence]
(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.
[So be sure to keep it on your person]
(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).
[Leave the Title IIs at home!]
(Added Pub.L. 108-277, § 2(a), July 22, 2004, 118 Stat. 865.)