Question on HR218

I'm a retired NYS peace officer, and I did my research when I retired. I read everything I could on HR218, then LEOSA, then the amendments to LEOSA.

Everything I've read shows that the intent of HR218 and LEOSA was to exempt active and retired officers from being subject to any state's licensing law. Yes, NYS requires pistols be listed on a license, but you don't need a license to possess and carry in NY under LEOSA.

It allows you to carry, but does not exempt you from other local laws re: where you can carry, or how many rounds you can carry. If the local laws says 10 rounds, it's 10 rounds. The only provision that overrules local statute is allowing you to carry hollow points in states that would otherwise ban them for private citizens, which is what you are when in another state, regardless of your LEO status in your home state.

I have read several court's findings, and they pretty much follow the federal law, i.e. LEOSA's intent was to exempt officers from local licensing laws. If there is a murky area, it's who is a "qualified" officer under LEOSA, but even there, the courts have ruled in favor of defts. who you might not think would be qualified, i.e., Coast Guard members. Courts have found them to have police powers when on duty, and have ruled they are thus qualified under LEOSA off duty.

As previously stated, in order to be "qualified" as a retired officer, you must carry on your person 2 documents: your retired officer ID card, and a card, signed by a police training officer or a private trainer qualified to teach and test according to local state requirements, for example, an NRA police trainer, stating you qualified within the last year with either a semi-auto, revolver, or both. If only one, you may only carry that type of pistol. You must re-qualify every year according to the standards of the state you live in, not necessarily the state you retired from.

With those 2 documents, you are good to go in any state without a local license.

I am not an attorney, nor, having come in contact with so many during 40 years of service, do I wish to be one. But keep in mind, unless an attorney specializes in LEOSA law, or has done work in that area, he or she may not know any more about it than you do. I don't doubt there are many lawyers who have no idea what LEOSA is, or have ever heard of it. If you seek advice, make sure the lawyer you are asking has a good handle on what they're talking about.

under the new york state safe act if Lonewolf wants to add them to his new york license then it must be done through an ffl.

under LEOSA lonewolf may carry his non licensed firearm in new york state provided that he meets the qualifications for leosa. he cannot use leosa to register the handgun in new york state.

Speedo66


It allows you to carry, but does not exempt you from other local laws re: where you can carry

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this is only partially incorrect. leosa does not exempt you from local carry laws regarding state or local government buildings but does exempt you from local carry laws regarding such places as churches, restaurants that serve liquor etc, unless forbidden by the private owner of such.

lonewolf5347 said:

I think I will just leave it in my second home when I return back to n.y.s.

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This is the best course of action, and the least amount of hassle.

heyjoe said:

this is only partially incorrect. leosa does not exempt you from local carry laws regarding state or local government buildings but does exempt you from local carry laws regarding such places as churches, restaurants that serve liquor etc, unless forbidden by the private owner of such.

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Joe, I don't recall seeing the exemptions you speak of, i.e. churches, restaurants with alcohol, etc. if they're forbidden for local citizens. Could you please cite where you saw these exemptions?

HR218 and LEOSA make it pretty clear you are bound by local law aside from the ability to carry.

Leosa makes it clear that you are not bound by local laws that prohibit carry except in the two exceptions below.

a. 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).
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.

a. 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.

Joe, I've reread the applicable statute, done some additional research, looked at a few cases and have to agree with you. While private entities such as a church may prohibit carry on their premises, the laws passed by states to do the same would not apply to officers carrying under HR218 LEOSA.

Thanks for the information!

An interesting aside is 4 active officers (3 federal, one civilian) were arrested in SD in a bar after a fight in which one of the officers shot a Hell's Angel. At the time, a public relations official of ATF made a statement saying HR218 had never been officially enacted, so it was not a valid defense. An official of FOP sent him a clarifying letter and got him to retract his statement, and a judge in SD found that even though the state law prohibited carry in a place serving alcohol, the officers were exempt under HR218.

Yes you can transport it worry free unless its a title 2 gun which it doesn't sound like it is, but even if it was, you would just need to fill out a form and send it to the ATF before travel lol.

I suggest selling the house in NY. At least claim the other state you own a house in as your state of residence, get your drivers license and register to vote there. That way you can carry/possess in NY under LEOSA while "vacationing" there in the summers without concern over NY state licensing issues.

WC145 said:

I suggest selling the house in NY. At least claim the other state you own a house in as your state of residence, get your drivers license and register to vote there. That way you can carry/possess in NY under LEOSA while "vacationing" there in the summers without concern over NY state licensing issues.

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There may be financial issues. NYS does not tax their pensions, or SS. Other state may tax both.

glad to help speedo. yes i heard about that case in south dakota. why they hung out in a bar with hells angels in the first place is beyond me

wc145 with leosa you technically dont need a permit in the state you live in.

heyjoe said:

wc145 with leosa you technically dont need a permit in the state you live in.

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I understand that under LEOSA you don't need a license to carry in any state. However, as a resident of NY state the OP has to have a license to possess a handgun and the handguns he owns have to be listed on it, regardless of his LEOSA status. My point was that, since he owns two homes in two states, if he were to only claim residency in the state that isn't NY then he could possess and carry in NY without being subjected to their resident handgun permit laws.

Or, as Sam1911 pointed out early on, he could ship the gun to a FFL holder in NY and have it transferred to himself and deal with the license issues as he normally would.

I'm not sure that LEOSA really plays a part here at all since the law regulates concealed carry across state lines, not transport of weapons you are not carrying concealed. Unless the OP intends to carry the gun on his person into NY his status under LEOSA may be moot.

WC 145 what you are saying is not correct. Under Leosa he does not need a license in new york to possess and carry in new york. he would need a license to buy a gun and to sell a gun in new york but he doesnt need a license to possess and carry as long as his qualification under Leosa is current. re read the law.

heyjoe said:

glad to help speedo. yes i heard about that case in south dakota. why they hung out in a bar with hells angels in the first place is beyond me

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It was, ya' know, Sturgis. The noise, heat, dust, maybe a motorcycle or two, probably clouded their judgement. ;>)

heyjoe said:

WC 145 what you are saying is not correct. Under Leosa he does not need a license in new york to possess and carry in new york. he would need a license to buy a gun and to sell a gun in new york but he doesnt need a license to possess and carry as long as his qualification under Leosa is current. re read the law.

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LEOSA does not address possession or ownership of multiple handguns. It allows for concealed carry of a weapon of the type qualified with, regardless of state concealed carry laws. However, beyond that, the OP may still have to meet the residency requirements since he lives in NY.

Frank is right, unless the OP wants to follow the usual procedures for bringing a gun into NY as a resident, he should consult an attorney to have the loop holes sorted out.

i just traveled all over the south in the last few years and carried. any statute could be misconstrued or misunderstood by any particular officer which could cause you legal problem . i wouldnt be paralyzed with fear and not carry. the police departments here have been instructed on LEOSA and to defer to it.

And that doesn't have anything to do with his question about whether and how to register
his gun in New York State.

Lonewolf5347

Question on HR218
I like to ask can I leaglly transport a pistol back to my primary resident under the HR218 and my I.D. Retired Law-enforcement
I do have a CCP from my primary resident (Retired P.O.) The gun in question is not on my CCP
N.Y.S. list all handguns on the back of my permit:This gun was purchased with a Gun Permit from another state I spend my winter months

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Lonewolf's question was wether he could legally transport a pistol not registered on his NYS permit back to NY from his other residence under LEOSA.