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A. Purpose
The Herbert T. Jenkins Atlanta Police Academy strives to keep employees within the department informed of new information applicable to the performance of their duties. Roll call training is designed to provide up-to-date information about changes in Department policies, and procedures, as well as to provide notification of any changes in criminal law or other areas that affect Department employees or the performance of their duties.
The Atlanta Police Department places the highest value upon the preservation of life and the safety of its police officers, employees, and citizens. Adherence to the information contained in this training issue will ensure compliance with the provisions of the newly enacted Federal Legislation concerning the concealed carry of firearms by law enforcement officers.
B. Historical Background
Effective July 22, 2004, the One Hundred Eighth (108th) Congress of the United States of America passed, and President Bush signed into law H.R. 218: The Law Enforcement Officers Safety Act of 2004. Under this new law, off duty active and retired officers will be authorized to carry their firearms concealed, as armed citizens currently do within each applicable state.
This legislation was originally introduced in the United States Congress in 1992. It should be emphasized that this law does not create 1.5 million national law enforcement officers, it simply allows law enforcement officers and retirees that are currently qualified within their respective states, to carry concealed authorized firearms within states that do not have automatic reciprocity.
This Act may be cited as the “Law Enforcement Officers Safety Act of 2004.”
NOTE: The following information is extracted directly from the Title 18 Federal Statutes.
C. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
1. In General- Chapter 44 of Title 18, United States Code, is amended by inserting after section 926A the following: Sec. 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).
Note: The requirement to have in their possession a valid form of departmental identification is critical to be in compliance with this law. Officers are required by written directive to have these documents in their possession when armed both on and off duty.
(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.
Note: It is the responsibility of each officer to confirm the legal requirements and restrictions of each state as it relates to carrying a concealed firearm upon private, and governmental property.
This legislation does not and is not intended to allow qualified law enforcement officers to carry concealed firearms upon Federal Aviation Administration, or Transportation Security Administration (TSA) regulated commercial airlines. The transportation requirements of the Transportation Security Administration (TSA), and each airline must be complied with when traveling by air carrier.
Furthermore, this legislation does not and is not intended to confer any police or law enforcement powers to individuals outside their normal jurisdictions. Qualified law enforcement officers must remember-- while operating under the provisions of this legislation in other states, they may only act in the same capacity as a legally armed citizen.
(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;
Note: This legislation does not address the definition of ‘disciplinary action.’ For purposes of this training, ‘disciplinary action’ will be considered any formal disciplinary proceeding initiated by or coordinated through the Atlanta Police Department’s Office of Professional Standards that results in the suspension from duty for one (1) or more days, or during the time an officer is placed in a non-enforcement (administrative) position.
(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.
Note: Officers must comply with the annual training requirements contained in the Atlanta Police Department’s Written Directive System, and the Georgia Peace Officers Standards and Training (P.O.S.T.) requirement. Failure to maintain the minimum training requirements will result in the loss of state arrest powers, and subsequently make the concealed carry provisions of this law not applicable.
(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.
(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) any destructive device (as defined in section 921 of this title).'.
2. In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following: `Sec. 926C. Carrying of concealed firearms by qualified retired 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 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 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.
Note: In order to comply with the provisions of this legislation, retired officers must maintain the training requirements as listed in the P.O.S.T. rules. Retirees that are not members of the Atlanta Police Department’s Reserve program must maintain a ‘qualified’ status. Annual training may be obtained through any certified training agency in order to comply with these requirements.
(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) a 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).'.
D. Closing Statement / Key Points
Ø Officers must maintain a ‘qualified’ status to be in compliance with this Federal legislation. Loss of arrest powers as a result of a failure to maintain a ‘qualified’ status also makes the officer ineligible to carry a concealed firearm in other states.
Ø This legislation states that a ‘qualified law enforcement officer’ is one that is not the subject of any disciplinary action by his/her agency.
Ø The definition of ‘firearm’ does not include any machinegun, firearm silencer, or any destructive device.
Ø Retired law enforcement officers must maintain ‘qualified’ status as defined above.
Ø Officers are not granted any Federal law enforcement powers as a result of this legislation.
Ø Qualified officers must remember that they are authorized to act only under the same circumstances that a citizen may act when encountering criminal activity outside their employing jurisdiction.
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