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Old October 28, 2012, 02:17 PM   #7
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,492
I found this on an FBI web site (emphasis added):

Quote:
Qualification Under LEOSA

LEOSA applies to qualified active duty and retired officers. Qualification under LEOSA requires employment by or retirement from a local, state, or federal law enforcement agency as someone charged with the ability to investigate, prosecute, and arrest people for violations of law. If an agency has firearms proficiency standards, the officer must meet them to qualify to carry under this act. The statute also prohibits carrying firearms when under the influence of alcohol or any intoxicating or hallucinatory substance. If a current or retired officer is prohibited by federal law from possessing a firearm, they are not qualified to carry one under this legislation. It also is important to note that if an officer is under a disciplinary action that may result in suspension or termination by their agency, they are not qualified to carry under this act.

Qualified retired officers must have retired in good standing for reasons other than mental instability and served at least an aggregate of 15 years. However, if the retirement was due to a service-related disability, the officer need only have completed the probationary period to qualify under this act. Retired officers also must have a nonforfeitable right to benefits under their agency's retirement plan. At personal expense, the retired officer must meet the state standard for firearms qualification required for active law enforcement officers.

Qualified active duty and retired officers must have photographic identification issued by the agency they work for or retired from. Retired officers' identification must have some indication that they have been tested or have otherwise been determined by the issuing agency to meet the standards active officers must meet to carry concealed weapons. Retired officers do have the option of possessing the photographic identification with a certification from the state, rather than their former agency, that they have met the state's requirements for active duty officers to carry concealed weapons within 12 months of the issuing date of the identification.

LEOSA does not give qualified officers any special enforcement or arrest authority or immunity. It merely allows them to carry concealed weapons. If these weapons are used, there is no special protection from arrest. Qualified officers may find themselves acting only under the authority of a citizen's arrest or self-defense claim or under authority established by the state.
The actual law is codified as Title 18 U.S.C. ยง 926 (B) and (C).
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