Retired officers’ right
to carry outside NJ: Is there
an alternate route under HR 218?
On Oct. 12, the attorney general issued
FAQs concerning the Law Enforcement Of-
ficers Safety Act (LEOSA), also known as HR
218. This is a federal law addressing retirees’
right to carry on a national basis. Among oth-
er issues discussed in the FAQs, the attorney
general advised that retired New Jersey offi-
cers must meet the eligibility requirements
of the state law to carry and that LEOSA does
not provide an “alternate route” to become
eligible to carry outside New Jersey. At the re-
quest of PBA President Colligan, we reviewed
this specific issue.
LEOSA is not a model of clarity, and we believe that portions
of the attorney general’s interpretation may be technically in-
correct. However, as a practical matter, the eligibility require-
ments under LEOSA are substantially similar to, if not the same
as, those under New Jersey law and for that reason, New Jersey
retired officers cannot bypass New Jersey requirements. There
are a few possible exceptions to this conclusion, which are dis-
cussed here.
As noted, in the FAQs, specifically No. 2, the attorney general
concludes that LEOSA does not provide an “alternate path” for
retired law enforcement officers living in New Jersey to carry a
firearm without applying for a state identification card in accor-
dance with N.J.S.A. 2C:39-6(L).
This is because New Jersey law is, for the most part, consis-
tent with LEOSA’s own requirements, and LEOSA itself requires
that any officer must receive an identification card issued by the
state of residence. The availability of an “alternate path” is more
of an issue in states which prohibit retired officers from carry-
ing, or those that have more burdensome qualification require-
ments than LEOSA.
The key provision of LEOSA, 18 U.S.C. §926C, provides as fol-
lows:
(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 (b). (Emphasis supplied).
This section gives retired officers who meet the eligibility
requirements of LEOSA the right to carry concealed weapons
across state lines, subject to restrictions in each state’s laws pro-
hibiting or restricting the possession of concealed firearms on
certain private property or on any state or local government
property, installation, building, base or park. To obtain this au-
thorization, LEOSA requires proof that the individual was em-
ployed as a law enforcement officer for an aggregate of at least
10 years and, within the last 12 months, has met the firearms
training requirements for active law enforcement officers as de-
termined by the individual’s former agency or the state where
the individual resides. In addition, the officer must have a photo
identification which was either issued by the agency from which
12
NEW JERSEY COPS
■ DECEMBER 2018
the individual separated from service as a law
enforcement officer that provides that he or
she was employed as a law enforcement of-
ficer and within the last year met the appli-
cable standards for qualification in firearms
training; or issued by the agency from which
the individual separated from service as a law
enforcement officer along with a certification
from the state where the individual resides, or
by a certified firearms instructor within the
state, confirming that the officer is qualified
as required by state standards. In short, even
under LEOSA, a retired officer must first ob-
tain an identification card from the state.
New Jersey law – specifically N.J.S.A. 2C:39-6(L) – incorpo-
rates eligibility requirements for retiree carry privileges that are
substantially similar to those described above in LEOSA. To car-
ry a firearm in New Jersey, the retired officer must also get an
identification card. The officer must make written application
and request verification of service from the chief law enforce-
ment officer of the agency in which the officer was last regularly
employed as a full-time law enforcement officer prior to retir-
ing. The verification must include the following:
(a) The name and address of the retired officer;
(b) The date that the retired officer was hired and the date
that the officer retired;
(c) A list of all handguns known to be registered to that officer;
(d) A statement that, to the reasonable knowledge of the chief
law enforcement officer, the retired officer is not subject to any
of the restrictions set forth in subsection c. of N.J.S.2C:58-3;
(e) A statement that the officer retired in good standing.
If approved:
[t]he superintendent shall issue to an approved retired officer
an identification card permitting the retired officer to carry a
handgun pursuant to this subsection. This identification card
shall be valid for one year from the date of issuance and shall be
valid throughout the state. The identification card shall not be
transferable to any other person. The identification card shall
be carried at all times on the person of the retired officer while
the retired officer is carrying a handgun. The retired officer shall
produce the identification card for review on the demand of any
law enforcement officer or authority.
Thus, New Jersey law is virtually identical to LEOSA’s require-
ments. LEOSA expressly provides that a photo identification
card must be obtained from the officer’s agency or the state, and
a demonstration that certain qualification standards have been
met within the last 12 months. New Jersey’s law for retiree carry
privileges has similar requirements for retiree carry privileges.
The State PBA provided us with a Wikipedia posting stating, in
part, that “[a]n individual who qualifies under LEOSA does not
require a state-issued permit for carrying a concealed firearm
in any state, including that person’s home state. This is because
LEOSA, by its terms, provides in its introductory paragraphs
(Sections 926B(a) and 926C(a)) that notwithstanding the law of