you should be covered by HR 218
H.R. 218 NOW LAW
A Look at HR 218, The Law Enforcement Officers Safety Act of 2004
Please Post in Your Headquarters
Thursday, July 22, 2004 10:18 p.m.
WASHINGTON - Today, in a Roosevelt Room Ceremony the bill which we have come to know simply as H.R. 218 was signed into law by President George W. Bush.
Also known as the "National Concealed Carry for Cops" legislation and the "Law Enforcement Officers Safety Act of 2004," this new law allows law enforcement officers to carry their weapons while off duty between states.
It is expected that guidance on this law will come down from the State Attorney General's Offices, and we strongly recommend that officers wait until such time before carrying their weapons over state lines.
We would like to offer some warnings for all to heed.
First, when in another state you will be subject to the use of force laws of that state. Additionally, the laws of arrest, self defense, and firearms in other states will be different and will govern any actions taken.
HR 218 will not be a defense to possessing hollow point bullets, carrying a weapon on a school campus, carrying a prohibited weapons, carrying a weapon in a casino, etc. Some of these scenarios are illegal in certain states. Know HR 218, but also know the laws of that state in which you intend to carry!
Second, and this goes double for uniformed officers, you have to identify yourself. You need to identify yourself by badge and by word. Officers who work primarily in uniform are the worst at this since they are not accustomed to identifying themselves at scenes. The uniform takes care of that. When identifying yourself, use the loudest voice possible so witnesses will hear you and be able to corroborate your account of the incident later.
Below we have provided a basic breakdown of the new law. We again caution that guidance should be sought by your agency and/or the Attorney General's Office before acting on the new HR 218 law. Consult the administration from your own agency regarding HR 218 before acting on it. Also, at the bottom of the page we have provided a link which will bring you to the actual text of the new law.
Okay, what is HR 218?
...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).
For whom does HR 218 apply?
Read the Text of the June, 2005 NJ Attorney General Memo on HR 218
Read the Actual HR 218 Law
NJLawman Article New Jersey Addresses Carrying Out-of-State
This law applies to persons who meet the definition listed below of a "Qualified Law Enforcement Officer."
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;
`(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