Mississippi Fraternal Order of Police

Frequently Asked Questions (FAQs) about H.R. 218:

Who is eligible to carry concealed firearms under this legislation?

Qualified law enforcement officers employed by or retired from a local, State or Federal law enforcement agency.

A “ qualified active law enforcement officer ” is defined as an employee of a government agency who:

• is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;

• has statutory powers of arrest;

• is authorized by the agency to carry a firearm;

• is not the subject of any disciplinary action by the agency;

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

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

• is not prohibited by Federal law from possessing a firearm.

Qualified active law enforcement officers must carry the photographic identification issued by the agency for which they are employed.

If you are an active duty law enforcement officer with any local, State or Federal governmental agency and you meet all of the requirements above, you may carry a concealed firearm under the provisions set out in the bill.

A “qualified retired law enforcement officer” is defined as an individual who:

• has retired in good standing from service with a government agency as a law enforcement officer for an aggregate of fifteen (15) years or more for reasons other than mental instability, or retired from such an agency due to a service-connected disability after completing any applicable probationary period of such service;

• was authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;

• had statutory powers of arrest;

• has a non-forfeitable right to benefits under the retirement plan of the agency for which he was employed;

• meets, at his own expense, the same standards for qualification with a firearm as an active officer within the State in which he resides;

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

• is not prohibited by Federal law from possessing a firearm.

Qualified retired law enforcement officers must carry the photographic identification issued by the agency for which they were employed and documentation which shows that they have met the qualification standards in their State of residence for the firearm they are carrying.

The definition of “firearm” specifically excludes machine guns, silencers, explosives or other destructive devices as these terms are defined in Federal law.

I am a fully-sworn law enforcement officer with statutory law enforcement authority, but I work for a private university or other non-governmental employer. Will I be able to carry under the provisions of H.R. 218?

No. You must be an employee of a local, State or Federal governmental agency to carry a firearm under the provisions of this legislation.

My agency has a policy that does not allow me to carry my firearm while I am off-duty. Does this mean that this legislation will not benefit me?

If you are a qualified active law enforcement officer, you will legally be able to carry a firearm under the provisions of H.R. 218. There may be agencies which enforce or adopt policies, rules, regulations, or employment conditions which discourage or punish officers which choose to carry while off-duty, but such actions do not mean that the officer cannot carry under the provisions of the bill.

The Law Enforcement Officers' Safety Act Signed Into Law By President Bush!

JULY 22, 2004

Now that the measure has been signed into law, active and retired law enforcement officers will be able to carry their firearms even when traveling outside their own jurisdictions. The bill, which was the F.O.P.'s top legislative priority, had wide, bipartisan support in both the House and Senate during its consideration in the Congress.

H.R. 218, the “Law Enforcement Officers’ Safety Act”

On 22 July 2004, the President signed into law H.R. 218, the “Law Enforcement Officers’ Safety Act."