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HR 218 Info

Federal Law Enforcement Officers Safety Act (LEOSA / HR 218)

The Law Enforcement Officers Safety Act (LEOSA)—commonly referred to as HR 218—allows qualified active and retired law enforcement officers to carry a concealed firearm nationwide, regardless of state or local concealed carry laws, with limited exceptions.

LEOSA was enacted in 2004 and amended in 2010 and 2013, under 18 U.S.C. §§ 926B & 926C.
Individuals who qualify under LEOSA do not require a state-issued concealed carry permit to carry concealed in any U.S. state or territory.

Who Is a Qualified Law Enforcement Officer (QLEO)?

LEOSA applies to employees of governmental agencies who meet all of the following criteria:

  • Authorized by law to engage in or supervise the prevention, detection, investigation, prosecution, or incarceration of individuals for violations of law, and who possess statutory powers of arrest or apprehension (including under 10 U.S. Code § 807, Article 7(b) of the UCMJ)
  • Authorized by their agency to carry a firearm
  • Not subject to any disciplinary action that could result in suspension or loss of police powers
  • Meet any agency-established standards requiring regular firearms qualification
  • Not under the influence of alcohol or any intoxicating or hallucinatory substance
  • Not prohibited by federal law from receiving or possessing a firearm

Important:
Qualification under LEOSA also requires proper photographic identification and annual firearms qualification (see below).

Who Is a Qualified Retired Law Enforcement Officer (QRLEO)?

In addition to meeting the applicable LEOSA requirements above, a qualified retired law enforcement officer must:

  • Have separated from service in good standing with a public agency
  • Have served as a law enforcement officer for 10 years or more, or separated due to a service-connected disability after completing any applicable probationary period
  • Have met, within the past 12 months and at the individual’s expense, the firearms qualification standards for active-duty officers, as determined by:
    • The former agency, or
    • The state of residence, or
    • A law enforcement agency or certified firearms instructor authorized to qualify active-duty officers in that state
  • Not have been found by a qualified medical professional to be unfit due to mental health reasons, nor entered into an agreement acknowledging disqualification for such reasons

Important:
It is not sufficient to meet QRLEO criteria alone—valid identification and firearms qualification are required.

⚠️ Important Notice for Retired Officers

Retirees carrying under LEOSA do not possess law enforcement authority.
They are legally considered private citizens with a federal concealed carry privilege.

Agencies Commonly Covered Under LEOSA

While not exhaustive, LEOSA-qualified individuals commonly include:

  • Law enforcement officers employed by public agencies
  • Civilian police officers employed by the U.S. Government
  • Military police officers
  • Amtrak Police
  • Federal Reserve Law Enforcement Officers
  • Officers of the Executive Branch of the Federal Government

Photographic Identification & Firearms Qualification

To carry under LEOSA, an individual must possess photographic identification issued by:

  • The employing agency (for active officers), or
  • The agency from which the individual retired or separated

The identification must indicate that the individual has met active-duty firearms qualification standards for the same type of firearm carried, within the past 12 months, and qualification must be conducted by:

  • The agency itself, or
  • A certified firearms instructor authorized to conduct active-duty qualifications in that state

Firearm “Type” Clarification

LEOSA does not define “type.” Federal law generally recognizes handgun, rifle, or shotgun, but states may interpret this differently, including:

  • Revolver vs. semi-automatic pistol
  • The specific firearm used during qualification

Where Firearms May Be Carried Under LEOSA

Federal Locations & Federal Law

Individuals carrying under LEOSA must comply with all federal laws and agency regulations, including restrictions on firearms in:

  • Certain federal buildings and installations
  • National parks and federal lands (where restricted)
  • Commercial aircraft

Additionally, LEOSA carriers are subject to the Gun-Free School Zone Act (GFSZA):

  • Off-duty and retired LEOs may not carry within 1,000 feet of a school unless they possess a firearms license issued by their state of residence

State & Local Locations

LEOSA preempts most state and local concealed carry laws, but carriers must still comply with laws that:

  • Allow private property owners to prohibit or restrict firearms (posted signage required in many states)
  • Restrict firearms on certain state or local government properties
  • Enforce magazine capacity restrictions

⚠️ ATF Ruling:
LEOSA exemptions apply to firearms and ammunition only—state magazine restrictions still apply.

What Firearms May Be Carried?

LEOSA carriers may not carry firearms prohibited under the National Firearms Act of 1934, including:

  • Machine guns
  • Suppressors (silencers)
  • Destructive devices

Ammunition Restrictions

  • Ammunition must not be prohibited under federal law or regulated by the NFA
  • Qualified LEOSA carriers are exempt from state hollow-point ammunition bans

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