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The Law Enforcement Officers Safety Act (LEOSA), often referred to as HR 218, allows qualified Law Enforcement officers (LEOs) and qualified retired LEOs (RLEOs) to concealed carry in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. It was enacted in 2004 and amended in 2010 and 2013. 18 U.S. Code §§ 926B & 926C Therefore, an individual who qualifies under LEOSA does not need a state-issued concealed carry permit in order to carry a concealed firearm in any state.

LEOSA/HR 218 applies to employees of governmental agencies who:

• Are authorized by law to engage in or supervise the prevention, detection, investigation, prosecution of or the incarceration of any person for any violation of law, and has statutory powers of arrest or apprehension under 10 U.S. Code § 807, (article 7(b) of the Uniform Code of Military Justice);

• Are authorized by the agency to carry a firearm;

• Are not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

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

• Are not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

• Are not prohibited by federal law from receiving a firearm.

It is not enough to be a QLEO, see the photographic identification & firearms qualification section below.

In addition to the qualifications above, a qualified retired LEO must have:

• Separated from service in good standing with a public agency as an LEO;

• Served as an LEO for an aggregate of 10 years or more, or separated from service after completing any applicable probationary period due to a service-connected disability, as determined by the agency;

• During the most recent 12-month period, met, at the expense of the individual, the standards for qualification in firearms training for active LEOs, as determined by the former agency of the individual, the state in which the individual resides or, if the state has not established such standards, either a law enforcement agency within the state in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state; and

• Has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health or has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health.

It is not enough to be a QRLEO, see the photographic identification & firearms qualification section below.

It should be noted that for retirees carrying under LEOSA, the federal law grants you NO enforcement authority. You are merely a citizen with a nationwide concealed carry permit.

Although this list is not exhaustive, qualified officers include those that are employed by or have retired or been separated from the following agencies:

• LEOs employed by public agencies;

• Civilian police officers employed by the U.S. Government;

• Military police officers;

• Amtrak police;

• Federal Reserve LEO; and

• Officers of the executive branch of the federal government.

The individual must carry photographic identification issued by the agency for which he/she is employed or from which the individual separated from service. This identifies the person as being or having been employed as a LEO and indicates that the individual has been tested or otherwise found to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm within 1 year before the date the individual is carrying the concealed firearm:

• By the agency; or

• By a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state or if the state has not established such standards, standards set by any law enforcement agency within that state to carry a firearm of the same type as the concealed firearm.

“Type” is not defined in the LEOSA law; however, the definition in the same code section, defines it as a handgun, rifle or shotgun. Please note that without a federal definition, states have interpreted this differently. Some consider the type of handgun, semi automatic or revolver; while others consider it to be the actual firearm used to qualify.

Federal Locations & Laws

Individuals carrying under LEOSA/HR 218 are carrying under FEDERAL Law and so must follow federal laws and federal agency policies that restrict the carrying of concealed firearms in certain federal buildings and lands (including buildings in national parks) and on airplanes. They must also follow the Gun-Free School Zone Act (GFSZA) and cannot carry a firearm within 1,000 feet of elementary or secondary schools. Although the GFSZA authorizes on-duty LEOs to carry firearms in such circumstances, off-duty and retired LEOs are still restricted from doing so unless they have a firearms license issued from the state in which they reside, which is the only state where it applies.

State Locations & Laws

LEOSA exempts all qualified active and retired LEOs from state and local laws with respect to the carrying of concealed firearms with a few exceptions. Individuals carrying under LEOSA must obey the laws of any state that:

• Permits private persons or entities to prohibit or restrict the possession of concealed firearms on their property. Most concealed carry states require such private establishments to post signs at every entrance;

• Prohibits or restricts the possession of firearms on any state or local government property, installation, building, base or park (Check the Location Restrictions section for government properties that are off-limits in any state); and

• Has enacted magazine restrictions. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has ruled that state and local laws and regulations applying to magazines do apply, and the exemption provided by LEOSA applies only to firearms and ammunition.

Anyone carrying under LEOSA must only carry firearms which are not prohibited by the National Firearms Act of 1934 such as machineguns, silencers or destructive devices.

LEOSA carriers must only use ammunition not expressly prohibited by federal law or subject to the provisions of the National Firearms Act of 1934. Qualified LEOs and RLEOs are exempt from the prohibitions against carrying hollow-point ammunition that is in force in New Jersey and other locations. However, the NJ Atty Genl letter on 10/12/18 states,

4. Can retirees carry hollow-point bullets, and does LEOSA provide any additional authority outside of New Jersey law to carry hollow-point bullets?
No, New Jersey RLEOs cannot carry hollow-point bullets. N.J.S.A. 2C:39-3(f) states that, with very few narrow exceptions (none of which apply to an RLEO), only active law enforcement officers are authorized to carry hollow-point bullets. LEOSA does not provide any additional authority for an RLEO residing in New Jersey to carry hollow-point bullets because it is impermissible under state law. 

5. Generally, what ammunition is acceptable?

RLEOs can generally use any type of commercially available ammunition, so long as it is not hollow-point. Pursuant to N.J.S.A. 2C:39-17 (effective June 13, 2018), an RLEO may possess and carry a large capacity ammunition magazine which is capable of holding up to 15 rounds of ammunition that can be fed continuously and directly into a semiautomatic handgun. However, pursuant to N.J.S.A. 2C:39-20 (effective August 12, 2018), any RLEO who carries a large capacity magazine capable of holding up to 15 rounds must separately register the firearm with the New Jersey State Police.