HR 218 . Law Enforcement Officers Safety Act of 2004

I have been asked MANY questions about the new .Nationwide Carry Law., as it is commonly called, and just want to give our Members some quick information on the subject.  Aside from the numbered points below, which are taken directly from the Bill, this is my take on the thing.

First off, you can find a downloadable version of the Bill at:  www.thomas.loc.gov, which you can download, print, and read and interpret as you will. 

ACTIVE LAW ENFORCEMENT OFFICERS:

1.                  Law enforcement officer is defined in the Bill as:  an employee of a governmental agency who 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 the law and has statutory powers of arrest.

2.                  You must be authorized by the agency to carry a firearm.

3.                  You cannot be the subject of disciplinary action by the agency.

4.                  You must meet qualification standards established by the agency for which you work, which require you to REGULARLY qualify with a firearm.

5.                  You cannot be intoxicated while carrying the firearm.

6.                  You must meet all federal guidelines for firearm ownership.

 The buzz words here are .governmental agency., .by the agency., and .require you to regularly qualify with a firearm.. 

RETIRED LAW ENFORCEMENT OFFICERS:

          You basically fall under the same guidelines, with a few additions:

1.      You must have been a law enforcement officer as defined above for 15 years or more, and you retired honorably, with all benefits in place.

2.      During the most recent 12 month period, you have met the state standards for TRAINING and QUALIFICATION for active law enforcement officers to carry firearms, and carry a state-issued certificate indicating same.

The buzz words here are .training., .state standards for TRAINING. for ACTIVE LAW ENFORCEMENT OFFICERS., and .state-issued certificate..

Does this training requirement include the Use of Force?  In my opinion, it.s most likely going to mean more than just shooting our standard 60-round qualification course.  This could be quite a lengthy endeavor.   

At the MINIMUM, I would surmise that this training would be the current MPOETC Act 120 Firearms Module, and some use of force training as well. 

Act 235 (LWTA) is not going to cut it, and I.m not knowledgeable enough on the Constable.s Training to give a definite answer (this again gives rise to questions regarding the governmental agency clause).  The Bill does not specifically address Military Police; again, I.m not going to speak out-of-turn on that issue.

In my opinion, unless you have a CURRENT and UPDATED Act 120 and / or PSP Trooper training certification I would be very cautious with this.

I have been told that currently, the PSP-Office of Chief Counsel is researching this law regarding what the PSP policy will be, and what role the MPOETC will play.  The PSP Bureau of Training and Education has had questions about MPOETC training and qualification requirements, and both entities are currently working on the issue.

At the present time, the MPOETC position, as it was explained to me, is that until they are directed by the Pennsylvania Legislature, they are NOT going to issue ID cards or track retired officers.  They are busy enough tracking the 22,000+ active officers, so they are not going to take on additional duties, responsibilities, and potential liabilities until they are mandated by law to do so and receive additional funding. 

If you meet the requirements in the Bill, you must have a photo ID from your department while carrying a firearm under the provisions of the Bill, whether active or retired.

We will have to be very cautious on proceeding with qualifying any retired officer until we get an interpretation on the legislative ramifications of this law, and a legal opinion.  I don.t see where the law mandates a PD to participate in this endeavor, so until procedures are in place at the state level, whether that is PSP, MPOETC, or a newly-formed bureau, we.re on hold for the retirees.