HR218 LEOSA – Can I carry concealed while working?

HR218 LEOSA – Can I carry concealed while working?

There are many questions when it comes to licensing, however most of them are quickly and simply answered by reviewing the state’s licensing laws, found HERE. Despite this, one of the most common questions is in regards to H.R. 218, otherwise known as the Law Enforcement Officer’s Safety Act, and if those who have the credential are eligible to carry a firearm while under occupational requirement to do so.

The answer to this question is best decided by the individual himself or as per guidance from an attorney as there is certainly adaptive interpretations to the law as written. However, the law states the federal law is written in spite of state laws, which one may assume to include state laws which mandate certain licenses in order to carry firearms while under occupational duty. The law does not affect the mandatory compliance with state laws with dictate the need for the professional license to provide services, but they do include a prescription for the carry of concealed carry of firearms. This article is not meant to offer a definitive answer, but to simply give the law, as written, and allow those to make an informed decision themselves.

Note: There is no authority or grant written or expressed to enable one to provide or charge for ANY services under HR218. Meaning this regulation has no bearing on the obligation to obtain a state license to provide security services.

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Below is an excerpt of the Public Law 108–277, 108th Congress from the time this article was written:

An Act To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Law Enforcement Officers Safety Act of 2004’’.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:
§ 926B. Carrying of concealed firearms by qualified law enforcement officers
(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).
(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.

For awareness – here is 18 U.S. Code § 926C – Carrying of concealed firearms by qualified retired law enforcement officers

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