Office of the Deputy Attorney General; Guidance on the Application of the Law Enforcement Officers Safety Act of 2004 to Current and Retired Department of Justice Law Enforcement Officers, 10673-10675 [05-4282]
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Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Notices
10673
Arizona
Montana and Dakotas
DEPARTMENT OF JUSTICE
Arizona RAC
Eastern Montana RAC
Deborah Stevens, Arizona State Office,
BLM, 222 N. Central Avenue,
Phoenix, Arizona 85004–2203, (602)
417–9215.
Mary Apple, Montana State Office,
BLM, 5001 Southgate Drive, Billings,
Montana 59107–6800, (406) 896–
5258.
California
Central Montana RAC
Office of the Deputy Attorney General;
Guidance on the Application of the
Law Enforcement Officers Safety Act
of 2004 to Current and Retired
Department of Justice Law
Enforcement Officers
Central California RAC
Deane Swickard, Folsom Field Office,
BLM, 63 Natoma Street, Folsom,
California 95630, (916) 985–4474.
Kaylene Patten, Lewistown Field Office,
BLM, Airport Road, P.O. Box 1160,
Lewistown, Montana 59457, (406)
538–1957.
Northeastern California RAC
Western Montana RAC
Jeff Fontana, Eagle Lake Field Office,
BLM, 2950 Riverside Drive,
Susanville, California 96130, (530)
257–0456.
Marilyn Krause, Butte Field Office,
BLM, 106 North Parkmont, Butte,
Montana 59701–3388, (406) 533–
7617.
Northwestern California RAC
Dakotas RAC
Jeff Fontana, Eagle Lake Field Office,
BLM, 2950 Riverside Drive,
Susanville, California 96130, (530)
257–0456.
Mary Ramsey, North Dakota Field
Office, BLM, 2933 Third Avenue
West, Dickinson, North Dakota
58601–2619, (701) 227–7700.
Colorado
Nevada
Front Range RAC
Mojave-Southern RAC; Northeastern
Great Basin RAC; Sierra Front
Northwestern RAC
Ken Smith, Canon City Field Office,
BLM, 3170 E. Main Street, Canon
City, Colorado 81212, (719) 269–8553.
Northwest RAC
Melodie Lloyd, Western Slope Center,
BLM, 2815 H Road, Grand Junction,
Colorado 81506, (970) 244–3097.
Debra Kolkman, Nevada State Office,
BLM, 1340 Financial Boulevard,
Reno, Nevada 89502–7147, (775) 289–
1946.
New Mexico
Southwest RAC
New Mexico RAC
Melodie Lloyd, Western Slope Center,
BLM, 2815 H Road, Grand Junction,
Colorado 81506, (970) 244–3097.
Idaho
Theresa Herrera, New Mexico State
Office, BLM, 1474 Rodeo Road, Santa
Fe, New Mexico 87505, (505) 438–
7517.
Coeur d’Alene District RAC
Oregon/Washington
Stephanie Snook, Coeur d’Alene District
Office, BLM 1808 North Third Street,
Coeur d’Alene, Idaho 83814–3407,
(208) 769–5004.
Idaho Falls District RAC
David Howell, Idaho Falls District
Office, BLM 1405 Hollipark Drive,
Idaho Falls, Idaho 83401, (208) 524–
7559.
Boise District RAC
MJ Byrne, Boise District Office, BLM,
3948 Development Avenue, Boise,
Idaho 83705, (208) 384–3393.
Twin Falls District RAC
Sky Buffat, Twin Falls District Office,
BLM, 378 Falls Avenue, Twin Falls,
Idaho 83301, (208) 732–7307.
VerDate jul<14>2003
19:07 Mar 03, 2005
Jkt 205001
Pam Robbins, Oregon State Office, BLM,
333 SW First Avenue, P.O. Box 2965,
Portland, OR 97208–2965, (503) 808–
6306.
Utah
Utah RAC
Sherry Foot, Utah State Office, BLM,
324 South State Street, Suite 301, P.O.
Box 45155, Salt Lake City, Utah
84145–0155, (801) 539–4195.
Dated: February 22, 2005.
Kathleen Clarke,
Director, Bureau of Land Management.
[FR Doc. 05–4260 Filed 3–3–05; 8:45 am]
BILLING CODE 4310–84–P
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Department of Justice.
Notice of Attorney General
guidance.
ACTION:
SUMMARY: On January 31, 2005, the
Attorney General issued a memorandum
to the Director, Bureau of Alcohol,
Tobacco, Firearms, and Explosives; the
Administrator, Drug Enforcement
Administration; the Director, Federal
Bureau of Investigation; the Director,
Federal Bureau of Prisons; the Inspector
General; and the Director, United States
Marshals Service providing guidance on
the application of the Law Enforcement
Officers Safety Act of 2004, Pub. L. No.
108–277, to current and retired
Department of Justice law enforcement
officers. This notice contains the
guidance issued by the Attorney
General.
The guidance was issued on
January 31, 2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
Richard Hertling, Office of Legal Policy,
Department of Justice, Room 4226, 950
Pennsylvania Avenue, NW.,
Washington, DC 20530, telephone (202)
514–4601. You may view an electronic
version of the guidance at https://
www.usdoj.gov/olp/
agmemo01312005.pdf.
On July
22, 2004, the President signed the Law
Enforcement Officers Safety Act of 2004
(hereinafter, the ‘‘Act’’), Pub. L. 108–
277, 118 Stat. 865 (2004), codified at 18
U.S.C. 926B and 926C. With certain
limitations and conditions, the Act
exempts qualified active and retired law
enforcement officers from state laws and
local ordinances prohibiting the
carrying of concealed weapons. On
January 31, 2005, the Department of
Justice issued guidance on the
application of the Act for its current and
retired law enforcement officers.
Because other federal agencies and state
and local law enforcement agencies may
be interested in reviewing the
Department’s guidance before issuing
their own, the guidance issued by the
Attorney General is contained in this
notice.
SUPPLEMENTARY INFORMATION:
Eastern Washington RAC; John Day/
Snake RAC; Southeast Oregon RAC
PO 00000
AGENCY:
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10674
Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Notices
Dated: February 18, 2005.
James B. Comey,
Deputy Attorney General.
Memorandum for the Director, Bureau
of Alcohol, Tobacco, Firearms, and
Explosives
The Administrator, Drug Enforcement
Administration
The Director, Federal Bureau of
Investigation
The Director, Federal Bureau of
Prisons
The Inspector General
The Director, United States Marshals
Service
From: The Attorney General.
Subject: Guidance on the application of
the Law Enforcement Officers
Safety Act of 2004 to current and
retired Department of Justice law
enforcement officers.
On July 22, 2004, Congress passed
and the President signed the Law
Enforcement Officers Safety Act of 2004
(the ‘‘Act’’), Pub. L. 108–277, 118 Stat.
865 (2004), codified at 18 U.S.C. 926B
and 926C. With certain limitations and
conditions, the Act exempts active and
retired ‘‘qualified law enforcement
officers’’ (‘‘qualified LEOs’’) from state
laws and local ordinances prohibiting
the carrying of concealed weapons. The
Act does not purport to affect any state
or local laws and ordinances that permit
restrictions of concealed firearms on
private property or any such laws that
restrict the possession of firearms on
any State or local government property,
installation, building, base, or park.
This memorandum outlines the Act’s
application to current and retired
Department of Justice LEOs. The
Department recognizes that individuals
who meet the definition of a qualified
LEO under the Act may or may not meet
the definition of an LEO under the Civil
Service Retirement System or the
Federal Employee Retirement System.
The guidance set forth below is not
intended to and does not create any
rights, privileges, or benefits,
substantive or procedural, enforceable
by any party against the United States,
its departments, agencies, or other
entities, its officers or employees, or any
other person. Nothing in the Act or this
memorandum impairs or otherwise
affects the right of an individual to keep
and bear arms under the Second
Amendment to the Constitution of the
United States.
I. The Act’s Application to Current
Department Law Enforcement Officers
With respect to current law
enforcement officers, the Act provides
as follows:
‘‘(a) Notwithstanding any other
provision of the law of any State or any
VerDate jul<14>2003
19:07 Mar 03, 2005
Jkt 205001
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.
(c) As used in this section, the term
‘‘qualified law enforcement officer’’
means an employee of a governmental
agency who—
(1) 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 law, and has statutory
powers of arrest;
(2) Is authorized by the agency to
carry a firearm;
(3) Is not the subject of any
disciplinary action by the agency;
(4) Meets standards, if any,
established by the agency which require
the employee to regularly qualify in the
use of a firearm;
(5) Is not under the influence of
alcohol or another intoxicating or
hallucinatory drug or substance; and
(6) Is not prohibited by Federal law
from receiving a firearm.
(d) The identification required by this
subsection is the photographic
identification issued by the
governmental agency for which the
individual is employed as a law
enforcement officer.’’
118 Stat. at 865–66.
As these provisions make clear, an
active qualified LEO under the Act is a
current government agency employee
who (1) is authorized to perform the
specified law enforcement functions
and holds a position for which powers
of arrest are granted by statute; (2) is
authorized to carry a firearm by the
agency for which he or she works; (3)
is not the subject of disciplinary action;
(4) meets any standards set by the
employing agency that require the
employee to regularly qualify in the use
of a firearm; (5) is not under the
influence of alcohol or another
intoxicating or hallucinatory drug or
substance; (6) is not prohibited by
Federal law from receiving a firearm;
and (7) carries a photo identification
issued by the agency. For purposes of
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
the last factor, the Department considers
a current, valid ‘‘U.S. Government
Employee’’ photographic identification
card or a Department-issued credential
to constitute ‘‘the photographic
identification issued by the
governmental agency for which the
individual is employed as a law
enforcement officer.’’ Should any
questions arise concerning the
application of these qualification
provisions, the determination made by
the head of the relevant Department
component or his designee shall be
subject to review by the Deputy
Attorney General.
The Act has no effect on the
requirement of any Department law
enforcement components that agents or
officers carry a firearm at all times.
Similarly, any component’s regulations
or procedures with respect to on-duty
agents or officers will continue to be in
effect. Those requirements, regulations,
and procedures separately remain in
effect, notwithstanding any provision of
the Act.
It is important to note that the Act
does not supersede existing agency
regulations or policies limiting,
restricting, conditioning, or otherwise
affecting the carrying of concealed
firearms. The Act does preempt and
supersede inconsistent state laws and
local ordinances, whether criminal or
civil. It does not prohibit any
component from taking any appropriate
disciplinary action for any violation of
its existing regulations or policies.
The Department considers the
following components to be agencies
whose current employees may qualify as
LEOs for purposes of the Act: the
Bureau of Alcohol, Tobacco, Firearms,
and Explosives; the Drug Enforcement
Administration; the Federal Bureau of
Investigation; the Federal Bureau of
Prisons; the Office of the Inspector
General; and the United States Marshals
Service. Of course, any particular
employee of one of these components
independently must meet each of the
specified statutory qualifications to
qualify as an LEO under the Act.
II. The Act’s Application to Retired
Department Law Enforcement Officers
With respect to retired law
enforcement officers, the Act provides
as follows:
‘‘(a) Notwithstanding any other
provision of the law of any State or any
political subdivision thereof, an
individual who is a qualified retired 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
E:\FR\FM\04MRN1.SGM
04MRN1
10675
Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Notices
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.
(c) As used in this section, the term
‘‘qualified retired law enforcement
officer’’ means an individual who—
(1) Retired in good standing from
service with a public agency as a law
enforcement officer, other than for
reasons of mental instability;
(2) Before such retirement, was
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 law, and had statutory
powers of arrest;
(3)(A) Before such retirement, was
regularly employed as a law
enforcement officer for an aggregate of
15 years or more; or
(B) Retired from service with such
agency, after completing any applicable
probationary period of such service, due
to a service-connected disability, as
determined by such agency;
(4) Has a nonforfeitable right to
benefits under the retirement plan of the
agency;
(5) During the most recent 12-month
period, has met, at the expense of the
individual, the State’s standards for
training and qualification for active law
enforcement officers to carry firearms;
(6) Is not under the influence of
alcohol or another intoxicating or
hallucinatory drug or substance; and
(7) Is not prohibited by Federal law
from receiving a firearm.
(d) The identification required by this
subsection is—
(1) A photographic identification
issued by the agency from which the
individual retired from service as a law
enforcement officer that indicates that
the individual has, not less recently
than one year before the date the
individual is carrying the concealed
firearm, been tested or otherwise found
by the agency to meet the standards
established by the agency for training
and qualification for active law
enforcement officers to carry a firearm
of the same type as the concealed
firearm; or
(2)(A) A photographic identification
issued by the agency from which the
individual retired from service as a law
enforcement officer; and
(B) Certification issued by the State in
which the individual resides that
VerDate jul<14>2003
19:07 Mar 03, 2005
Jkt 205001
indicates that the individual has, not
less recently than one year before the
date the individual is carrying the
concealed firearm, been tested or
otherwise found by the State to meet the
standards established by the State for
training and qualification for active law
enforcement officers to carry a firearm
of the same type as the concealed
firearm.
(e) As used in this section, the term
‘firearm’ does not include—
(1) Any machinegun (as defined in
section 5845 of the National Firearms
Act);
(2) Any firearm silencer (as defined in
section 921 of this title); and
(3) A destructive device (as defined in
section 921 of this title).’’
118 Stat. at 866–67.
Under these provisions, a person is a
retired qualified LEO under the Act if he
or she (1) retired in good standing from
his or her employing agency (other than
for reasons of mental instability); (2)
was authorized to perform the specified
law enforcement functions and held a
position for which powers of arrest were
granted by statute; (3) was regularly
employed as a law enforcement officer
for an aggregate of 15 years or more
before his or her retirement, or retired
from service with his or her agency
(after completing any applicable
probationary period of such service) due
to a service-connected disability as
determined by the agency; (4) has a nonforfeitable right to retirement plan
benefits of the law enforcement agency;
(5) during the most recent year, has met
state firearms training and qualifications
that are the same as the training and
qualifications for active duty officers; (6)
is not under the influence of alcohol or
another intoxicating or hallucinatory
drug or substance; (7) is not prohibited
by Federal law from receiving a firearm;
(8) carries a photo identification issued
by the agency; and (9) meets an annual
qualification requirement.
The Department considers the
following components to be agencies
whose retired employees may qualify as
LEOs for purposes of the Act: the
Bureau of Alcohol, Tobacco, Firearms,
and Explosives; the Drug Enforcement
Administration; the Federal Bureau of
Investigation; the Federal Bureau of
Prisons; the Office of Inspector General,
insofar as the retiree exercised statutory
law enforcement authority at the time of
his retirement; and the United States
Marshals Service. As with current
employees, any particular retired
employee of one of these components
independently must meet each of the
specified statutory qualifications to
qualify as a retired LEO under the Act.
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
Each affected component separately
shall prepare and issue a photographic
identification card for qualified retired
LEOs. Each such identification card
shall, at a minimum, include the name
of the individual, the individual’s
photograph, an identification number
traceable to the bearer, the date the
employee retired in good standing from
service with the issuing agency, and the
phrase ‘‘Retired Law Enforcement
Officer.’’
Individual components shall not
themselves train or qualify retired
employees to carry a firearm, as
authorized under the law. In order to be
authorized under the Act to carry a
firearm, a retired qualified LEO from a
DOJ component must qualify pursuant
to 18 U.S.C. 926C(d)(2)(B), and in
accordance with state standards for
active LEOs.
It shall be within the discretion of the
employing agency to issue the retired
LEO credential called for under the Act.
Should the agency (1) make a finding
that the subject is not qualified, or (2)
enter into an agreement in which the
subject agrees that he or she is not
qualified, the subject shall not be issued
the retired LEO credential described
above.
With respect to the Act’s limitation
that a qualified retired LEO ‘‘is not
under the influence of alcohol or
another intoxicating or hallucinatory
drug or substance,’’ each former
Department employee seeking such
qualification annually must meet state
standards, if any, regarding alcohol or
drug use by law enforcement officers
authorized to carry a firearm.
[FR Doc. 05–4282 Filed 3–3–05; 8:45 am]
BILLING CODE 4410–20–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Manufacturer of Controlled
Substances Notice of Registration
By Notice dated October 1, 2004, and
published in the Federal Register on
October 29, 2004, (69 FR 63178),
Cambrex North Brunswick Inc.,
Technology Center of New Jersey, 661
Highway One, North Brunswick, New
Jersey 08902, made application by
renewal to the Drug Enforcement
Administration (DEA) to be registered as
a bulk manufacturer of the basic classes
of controlled substances listed in
Schedules I and II:
Drug
N-Ethylamphetamine (1475) ........
Tetrahydrocannabinols (7370) .....
E:\FR\FM\04MRN1.SGM
04MRN1
Schedule
I
I
]]>Agencies
[Federal Register Volume 70, Number 42 (Friday, March 4, 2005)]
[Notices]
[Pages 10673-10675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4282]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Office of the Deputy Attorney General; Guidance on the
Application of the Law Enforcement Officers Safety Act of 2004 to
Current and Retired Department of Justice Law Enforcement Officers
AGENCY: Department of Justice.
ACTION: Notice of Attorney General guidance.
-----------------------------------------------------------------------
SUMMARY: On January 31, 2005, the Attorney General issued a memorandum
to the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives;
the Administrator, Drug Enforcement Administration; the Director,
Federal Bureau of Investigation; the Director, Federal Bureau of
Prisons; the Inspector General; and the Director, United States
Marshals Service providing guidance on the application of the Law
Enforcement Officers Safety Act of 2004, Pub. L. No. 108-277, to
current and retired Department of Justice law enforcement officers.
This notice contains the guidance issued by the Attorney General.
DATES: The guidance was issued on January 31, 2005.
FOR FURTHER INFORMATION CONTACT: Richard Hertling, Office of Legal
Policy, Department of Justice, Room 4226, 950 Pennsylvania Avenue, NW.,
Washington, DC 20530, telephone (202) 514-4601. You may view an
electronic version of the guidance at https://www.usdoj.gov/olp/
agmemo01312005.pdf.
SUPPLEMENTARY INFORMATION: On July 22, 2004, the President signed the
Law Enforcement Officers Safety Act of 2004 (hereinafter, the ``Act''),
Pub. L. 108-277, 118 Stat. 865 (2004), codified at 18 U.S.C. 926B and
926C. With certain limitations and conditions, the Act exempts
qualified active and retired law enforcement officers from state laws
and local ordinances prohibiting the carrying of concealed weapons. On
January 31, 2005, the Department of Justice issued guidance on the
application of the Act for its current and retired law enforcement
officers. Because other federal agencies and state and local law
enforcement agencies may be interested in reviewing the Department's
guidance before issuing their own, the guidance issued by the Attorney
General is contained in this notice.
[[Page 10674]]
Dated: February 18, 2005.
James B. Comey,
Deputy Attorney General.
Memorandum for the Director, Bureau of Alcohol, Tobacco, Firearms, and
Explosives
The Administrator, Drug Enforcement Administration
The Director, Federal Bureau of Investigation
The Director, Federal Bureau of Prisons
The Inspector General
The Director, United States Marshals Service
From: The Attorney General.
Subject: Guidance on the application of the Law Enforcement Officers
Safety Act of 2004 to current and retired Department of Justice law
enforcement officers.
On July 22, 2004, Congress passed and the President signed the Law
Enforcement Officers Safety Act of 2004 (the ``Act''), Pub. L. 108-277,
118 Stat. 865 (2004), codified at 18 U.S.C. 926B and 926C. With certain
limitations and conditions, the Act exempts active and retired
``qualified law enforcement officers'' (``qualified LEOs'') from state
laws and local ordinances prohibiting the carrying of concealed
weapons. The Act does not purport to affect any state or local laws and
ordinances that permit restrictions of concealed firearms on private
property or any such laws that restrict the possession of firearms on
any State or local government property, installation, building, base,
or park.
This memorandum outlines the Act's application to current and
retired Department of Justice LEOs. The Department recognizes that
individuals who meet the definition of a qualified LEO under the Act
may or may not meet the definition of an LEO under the Civil Service
Retirement System or the Federal Employee Retirement System. The
guidance set forth below is not intended to and does not create any
rights, privileges, or benefits, substantive or procedural, enforceable
by any party against the United States, its departments, agencies, or
other entities, its officers or employees, or any other person. Nothing
in the Act or this memorandum impairs or otherwise affects the right of
an individual to keep and bear arms under the Second Amendment to the
Constitution of the United States.
I. The Act's Application to Current Department Law Enforcement Officers
With respect to current law enforcement officers, the Act provides
as follows:
``(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.
(c) As used in this section, the term ``qualified law enforcement
officer'' means an employee of a governmental agency who--
(1) 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 law, and has statutory powers of
arrest;
(2) Is authorized by the agency to carry a firearm;
(3) Is not the subject of any disciplinary action by the agency;
(4) Meets standards, if any, established by the agency which
require the employee to regularly qualify in the use of a firearm;
(5) Is not under the influence of alcohol or another intoxicating
or hallucinatory drug or substance; and
(6) Is not prohibited by Federal law from receiving a firearm.
(d) The identification required by this subsection is the
photographic identification issued by the governmental agency for which
the individual is employed as a law enforcement officer.''
118 Stat. at 865-66.
As these provisions make clear, an active qualified LEO under the
Act is a current government agency employee who (1) is authorized to
perform the specified law enforcement functions and holds a position
for which powers of arrest are granted by statute; (2) is authorized to
carry a firearm by the agency for which he or she works; (3) is not the
subject of disciplinary action; (4) meets any standards set by the
employing agency that require the employee to regularly qualify in the
use of a firearm; (5) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; (6) is not prohibited
by Federal law from receiving a firearm; and (7) carries a photo
identification issued by the agency. For purposes of the last factor,
the Department considers a current, valid ``U.S. Government Employee''
photographic identification card or a Department-issued credential to
constitute ``the photographic identification issued by the governmental
agency for which the individual is employed as a law enforcement
officer.'' Should any questions arise concerning the application of
these qualification provisions, the determination made by the head of
the relevant Department component or his designee shall be subject to
review by the Deputy Attorney General.
The Act has no effect on the requirement of any Department law
enforcement components that agents or officers carry a firearm at all
times. Similarly, any component's regulations or procedures with
respect to on-duty agents or officers will continue to be in effect.
Those requirements, regulations, and procedures separately remain in
effect, notwithstanding any provision of the Act.
It is important to note that the Act does not supersede existing
agency regulations or policies limiting, restricting, conditioning, or
otherwise affecting the carrying of concealed firearms. The Act does
preempt and supersede inconsistent state laws and local ordinances,
whether criminal or civil. It does not prohibit any component from
taking any appropriate disciplinary action for any violation of its
existing regulations or policies.
The Department considers the following components to be agencies
whose current employees may qualify as LEOs for purposes of the Act:
the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Drug
Enforcement Administration; the Federal Bureau of Investigation; the
Federal Bureau of Prisons; the Office of the Inspector General; and the
United States Marshals Service. Of course, any particular employee of
one of these components independently must meet each of the specified
statutory qualifications to qualify as an LEO under the Act.
II. The Act's Application to Retired Department Law Enforcement
Officers
With respect to retired law enforcement officers, the Act provides
as follows:
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
retired 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
[[Page 10675]]
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.
(c) As used in this section, the term ``qualified retired law
enforcement officer'' means an individual who--
(1) Retired in good standing from service with a public agency as a
law enforcement officer, other than for reasons of mental instability;
(2) Before such retirement, was 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 law, and had
statutory powers of arrest;
(3)(A) Before such retirement, was regularly employed as a law
enforcement officer for an aggregate of 15 years or more; or
(B) Retired from service with such agency, after completing any
applicable probationary period of such service, due to a service-
connected disability, as determined by such agency;
(4) Has a nonforfeitable right to benefits under the retirement
plan of the agency;
(5) During the most recent 12-month period, has met, at the expense
of the individual, the State's standards for training and qualification
for active law enforcement officers to carry firearms;
(6) Is not under the influence of alcohol or another intoxicating
or hallucinatory drug or substance; and
(7) Is not prohibited by Federal law from receiving a firearm.
(d) The identification required by this subsection is--
(1) A photographic identification issued by the agency from which
the individual retired from service as a law enforcement officer that
indicates that the individual has, not less recently than one year
before the date the individual is carrying the concealed firearm, been
tested or otherwise found by the agency to meet the standards
established by the agency for training and qualification for active law
enforcement officers to carry a firearm of the same type as the
concealed firearm; or
(2)(A) A photographic identification issued by the agency from
which the individual retired from service as a law enforcement officer;
and
(B) Certification issued by the State in which the individual
resides that indicates that the individual has, not less recently than
one year before the date the individual is carrying the concealed
firearm, been tested or otherwise found by the State to meet the
standards established by the State for training and qualification for
active law enforcement officers to carry a firearm of the same type as
the concealed firearm.
(e) As used in this section, the term `firearm' does not include--
(1) Any machinegun (as defined in section 5845 of the National
Firearms Act);
(2) Any firearm silencer (as defined in section 921 of this title);
and
(3) A destructive device (as defined in section 921 of this
title).''
118 Stat. at 866-67.
Under these provisions, a person is a retired qualified LEO under
the Act if he or she (1) retired in good standing from his or her
employing agency (other than for reasons of mental instability); (2)
was authorized to perform the specified law enforcement functions and
held a position for which powers of arrest were granted by statute; (3)
was regularly employed as a law enforcement officer for an aggregate of
15 years or more before his or her retirement, or retired from service
with his or her agency (after completing any applicable probationary
period of such service) due to a service-connected disability as
determined by the agency; (4) has a non-forfeitable right to retirement
plan benefits of the law enforcement agency; (5) during the most recent
year, has met state firearms training and qualifications that are the
same as the training and qualifications for active duty officers; (6)
is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance; (7) is not prohibited by Federal law
from receiving a firearm; (8) carries a photo identification issued by
the agency; and (9) meets an annual qualification requirement.
The Department considers the following components to be agencies
whose retired employees may qualify as LEOs for purposes of the Act:
the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Drug
Enforcement Administration; the Federal Bureau of Investigation; the
Federal Bureau of Prisons; the Office of Inspector General, insofar as
the retiree exercised statutory law enforcement authority at the time
of his retirement; and the United States Marshals Service. As with
current employees, any particular retired employee of one of these
components independently must meet each of the specified statutory
qualifications to qualify as a retired LEO under the Act.
Each affected component separately shall prepare and issue a
photographic identification card for qualified retired LEOs. Each such
identification card shall, at a minimum, include the name of the
individual, the individual's photograph, an identification number
traceable to the bearer, the date the employee retired in good standing
from service with the issuing agency, and the phrase ``Retired Law
Enforcement Officer.''
Individual components shall not themselves train or qualify retired
employees to carry a firearm, as authorized under the law. In order to
be authorized under the Act to carry a firearm, a retired qualified LEO
from a DOJ component must qualify pursuant to 18 U.S.C. 926C(d)(2)(B),
and in accordance with state standards for active LEOs.
It shall be within the discretion of the employing agency to issue
the retired LEO credential called for under the Act. Should the agency
(1) make a finding that the subject is not qualified, or (2) enter into
an agreement in which the subject agrees that he or she is not
qualified, the subject shall not be issued the retired LEO credential
described above.
With respect to the Act's limitation that a qualified retired LEO
``is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance,'' each former Department employee
seeking such qualification annually must meet state standards, if any,
regarding alcohol or drug use by law enforcement officers authorized to
carry a firearm.
[FR Doc. 05-4282 Filed 3-3-05; 8:45 am]
BILLING CODE 4410-20-P
