Do former LEO/Military get any special gun rights?


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boredelmo
May 9, 2007, 03:16 AM
Is it easier for them to do certain things as related to firearms?

-Elmer

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Steve in PA
May 9, 2007, 03:39 AM
No.

heypete
May 9, 2007, 03:52 AM
Active-duty military stationed in a state other than their state of residence can in some cases be considered a "resident" of the state they're stationed in for the purposes of buying guns.

LEOs can, with department approval, carry in all 50 states. Not sure how this applies to retirees.

Otherwise, no, not really.

Jorg Nysgerrig
May 9, 2007, 04:01 AM
No.

What about H.R. 218, the "Law Enforcement Officers Safety Act of 2004," which exempts qualified active and retired law enforcement officers from State laws that prohibit the carrying of concealed firearms?

gunsmith
May 9, 2007, 04:14 AM
YES! as far as LE goes , they get to carry in any jurisdiction.
Alas, vets just get that end of the stick that isn't very popular.

Ala Dan
May 9, 2007, 05:39 AM
Here in Jefferson County, Alabama LEO retirees can get a free lifetime CCW
license; which shows respect for their service, from Sheriff Mike Hale.

crazed_ss
May 9, 2007, 06:20 AM
In CA, out of state military can get a permit have "Assault Weapons" for the duration of their Active Duty tour in CA.

Steve in PA
May 9, 2007, 08:00 AM
HR218 has certain requirements that must be met in order for a retired LEO to carry. It is NOT automatically bestowed upon the officer just because he was an officer at one time.

So again, in answer to the original question the answer is no.

Titan6
May 9, 2007, 08:01 AM
Yes. Some states such as VA allow you to count service for firearms training for your CHL.

GardDog223
May 9, 2007, 08:41 AM
Here in Louisiana, the Illegal Carrying of a Firearm (LRS 14:95) provision exempts the following:

G.(1) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to sheriffs and their deputies, state and city police, constables and town marshals, or persons vested with police power when in the actual discharge of official duties. These provisions shall not apply to sheriffs and their deputies and state and city police who are not actually discharging their official duties, provided that such persons are full time, active, and certified by the Council on Peace Officer Standards and Training and have on their persons valid identification as duly commissioned law enforcement officers.

(2) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to any law enforcement officer who is retired from full-time active law enforcement service with at least twelve years service upon retirement, nor shall it apply to any enforcement officer of the office of state parks, in the Department of Culture, Recreation and Tourism who is retired from active duty as an enforcement officer, provided that such retired officers have on their persons valid identification as retired law enforcement officers, which identification shall be provided by the entity which employed the officer prior to his or her public retirement. The retired law enforcement officer must be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such qualification. This exception shall not apply to such officers who are medically retired based upon any mental impairment.

(3)(a) The provisions of this Section except Paragraph (4) of Subsection A shall not apply to active or retired reserve or auxiliary law enforcement officers qualified annually by the Council on Peace Officer Standards and Training and who have on their person valid identification as active or retired reserve law or auxiliary municipal police officers. The active or retired reserve or auxiliary municipal police officer shall be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such certification.

(b) For the purposes of this Paragraph, a reserve or auxiliary municipal police officer shall be defined as a volunteer, non-regular, sworn member of a law enforcement agency who serves with or without compensation and has regular police powers while functioning as such agency's representative, and who participates on a regular basis in agency activities including, but not limited to those pertaining to crime prevention or control, and the preservation of the peace and enforcement of the law.

H. The provisions of this Section shall not prohibit active justices or judges of the supreme court, courts of appeal, district courts, parish courts, juvenile courts, family courts, city courts, and traffic courts, constables, coroners, district attorneys and designated assistant district attorneys, and justices of the peace from possessing and concealing a handgun on their person when the justice or judge, constable, coroner, district attorneys and designated assistant district attorneys, or justice of the peace is certified by the Council on Peace Officer Standards and Training.

I. The provisions of this Section shall not prohibit the carrying of a concealed handgun by a person who is a college or university police officer under the provisions of R.S. 17:1805 and who is carrying a concealed handgun in accordance with the provisions of that statute.


GD

tegemu
May 9, 2007, 11:02 AM
In Fla. a DD-214 (Proof of Military Service) negates the requirement for handgun training to obtain a CCL.

Tin Gizel
May 9, 2007, 11:12 AM
Yes. Some states such as VA allow you to count service for firearms training for your CHL.


+1 on that. I used my current military ID as a substitute for a CCW class when I applied for my CCW. Didn't even need to show them my dd214, just the ID card.

Lone_Gunman
May 9, 2007, 11:16 AM
I am not sure why someone would answer "No", unless they are just not aware of the law.

Jorg Nysgerrig
May 9, 2007, 12:07 PM
HR218 has certain requirements that must be met in order for a retired LEO to carry. It is NOT automatically bestowed upon the officer just because he was an officer at one time.

So again, in answer to the original question the answer is no.
The original poster asked if they had special rights or things were easier for them. Can I, as a non-LEO, fulfull those same requirements and qualify to carry? Nope! Can I, after retiring with 15 years of service from my job and at my own expense, meet the state's firearm standards for training and qualification for active law enforcement officers to carry firearms and be allowed to carry nationwide? Nope! Is there a way for a retiree from any other public/military service private service to be able to carry in Illinois simply by virture of retiring and meeting a few requirements? Nope! The only way to get annointed in such a way is to be a current or retired LEO and meet those standards. Can any regular Joe citizen get the same treatment in the eyes of the law? Nope!

If that's not a sign of special treatment, I don't know what is.

quatin
May 9, 2007, 01:12 PM
I think in Texas. If you are military, you can bypass the age 21 law for CCW and handgun purchases.

cavman
May 9, 2007, 01:15 PM
In Maryland if you are/were military, you don't have to take the simpleton video that the State makes one watch to purchase a handgun.

possum
May 9, 2007, 01:24 PM
Active-duty military stationed in a state other than their state of residence can in some cases be considered a "resident" of the state they're stationed in for the purposes of buying guns.

everytime i have bought a gun i have not been in my home of record which is n.c. but i just take a copy of my orders and that makes me a resident. i am stationed there so therefor i reside there and i can buy weapons there. i see nothing special that os given or allowed for militay. as well i don't think that military or leo should get any special treatment or be considered special, it is a job we do, and when the uniform isn't on i am as much a citizen as you and the next guy or gal. Other carrers don't get special treatment for guns and such why should we? i follow the laws and expect them to be the same for me, joe blow and everyone else.

Autolycus
May 9, 2007, 01:58 PM
Originally posted by Steve in PA:
HR218 has certain requirements that must be met in order for a retired LEO to carry. It is NOT automatically bestowed upon the officer just because he was an officer at one time.

So again, in answer to the original question the answer is no.


As pointed out they do get special treatment when they retire. And I believe HR 218 allows carry while they are in the process of their careers. So they are given special rights that we as mere subjects are not.

And yes MIL do get some special treatment as well when they are able to bypass safety videos or not need to take a CCW course (FL comes to mind).

All of these things do help to perpetuate that the police and MIL are some sort of ninjas that are more proficient than regular people.

possum
May 9, 2007, 02:00 PM
All of these things do help to perpetuate that the police and MIL are some sort of ninjas that are more proficient than regular people.

that is really sad because mil and leo are no better than anyone else when it comes to this sort of thing. i am definetly not a ninja and i don't know any other soliders that are either.

Jimmie
May 9, 2007, 02:01 PM
TX will soon have free CHL for military/vets, and your DoD concealed carry card counts as your practical test so you don't have to qualify with the state test. I'd call that having a few perks, though, not "special rights."

dave_pro2a
May 9, 2007, 02:15 PM
WA = lifetime CCW license for active and retired LEO. Whereas 'normal' citizens need to renew every five years to the tune of $30 bucks or so.

And yes, HR218 confers the special ability to more fully excercise their 2A rights, something that 'normal' citizens do not have access to.

quote "when the uniform isn't on i am as much a citizen as you and the next guy or gal."

Actually, when the uniform IS on you're as much a citizen as everyone else is... and nothing more, or less. Changing clothes changes nothing.

30Cal
May 9, 2007, 02:20 PM
In California, LEO are able to purchase assault weapons and hi-cap magazines.

Steve in PA
May 9, 2007, 04:01 PM
I'm fully aware of the law and answered no. The question was asked and answered, no.......former LEO/military do NOT get "special gun rights".

Apparently some people who object to that answer do not fully understand the law when it comes to former or retired LEO's. Seems several people are lumping in current LEO's, which was not part of the equation.

There are several requirements that one must meet in order to carry under HR218, don't meet them, you don't get to carry. Nothing is automatic.


Maybe we need another "poll" :rolleyes:

Lone_Gunman
May 9, 2007, 04:11 PM
I am still not sure why you are saying "No".

The original question was whether or not it was easier for retired LEO or military to do certain things as related to firearms. The answer to this question is yes. It is easier for them to get national concealed carry priviledges than it is for the rest of us to get them. They have to meet certain requirements, but at least they have the possibility of being allowed to carry nationally.

dave_pro2a
May 9, 2007, 04:40 PM
Quote: "I'm fully aware of the law and answered no. The question was asked and answered, no.......former LEO/military do NOT get 'special gun rights'. There are several requirements that one must meet in order to carry under HR218, don't meet them, you don't get to carry. Nothing is automatic."

Oh, does that mean that I, as a normal average joe, can submit my form claiming I meet the requirements? Where can I sign up to take the 'test' and see if I pass?

Oh wait, the first requirement is that you have to be a retired LEO, if you don't meet that requirement you are not eligable at all. By definition that is a 'special right' (or to be more exact, it's a special ability to excercise the unalienable right).

Someone who is as seemingly intelligent as you are, and who is being intentionally obstuse about an issue, comes across as a troll.

It is patently obvious that HR218 confers a special ability, or at the very least the potential access, to excercise the RKBA that 'normal' citizens do not enjoy, nor can they ever aspire to.

Even during the AWB a retired LEOs had the potential ability to get "hi-cap" mags transfered to his personal posession upon retirement. That was an option that NO 'normal' citizen had access too. Nothing ever changes, it was a tiered system then, and it's still a tiered system.

Special treatment? Yes. Special ability to excercise RKBA? Yes. Could 'every' retired LEO do it? No. Does that change the fact that it was, generally speaking, a special 'right' recognized on a Federal level for retired LEOs? No, it stands as fact.

And as others have pointed out, there are numerous situations where indiviual states currently give preferencial treatment to retired LEO.

So the answer to the OPs question is an unequivocal yes.

Geronimo45
May 9, 2007, 04:58 PM
I think in Texas. If you are military, you can bypass the age 21 law for CCW and handgun purchases.
For CCW, yes - you are allowed to get a CHL before 21 if you're in the military. Not many people do, though - the license ends up costing around 200 dollars for training + fees - and most folks south of 21 in the military don't see much need for a CHL at that cost.
Handgun purchases are a federal matter - if you're south of 21, you can't buy one off an FFL dealer. Texas appears to allow under-21s to buy handguns from private party folk - no laws against it. The Federales may not approve, though.

possum
May 9, 2007, 04:59 PM
Actually, when the uniform IS on you're as much a citizen as everyone else is... and nothing more, or less. Changing clothes changes nothing.
ok whatever ya'll get the point that i was making. i am not disagreeing with you.

Jorg Nysgerrig
May 9, 2007, 05:00 PM
There are several requirements that one must meet in order to carry under HR218, don't meet them, you don't get to carry. Nothing is automatic.

And one of the requirements is to be a retired LEO! How is that not special treatment for retired LEOs if they are the only ones that qualify?

That's like saying that the only people who get cake and ice cream are boys clean who their rooms. You're saying that they don't automatically get cake and ice cream because they are boys, but because they do their homework and clean their rooms. However, our point is that girls, no matter how much homework and room cleaning they do, cannot have ice cream due to the fact they are not boys. Are you saying that in this case, boys do not get special treatment?

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