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Old March 8, 2016, 01:18 PM   #7
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,231
The applicable provisions of HR218 are codified at 18 USC 926B (active QLEOSs) and 18 USC 926C (retired QLEOs).

Qualified active LEOs are defined at 18 USC 926B(c):
(c) As used in this section, the term “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 or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice);

(2) is authorized by the agency to carry a firearm;

(3) is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers;

(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

(6) is not prohibited by Federal law from receiving a firearm.
The scope of a person's powers as an agent of the state seem to be a key point (18 USC 926B(c)(1)). Those are defined by applicable state law. I would, however, hope that anyone who is some sort of agent of the state understands the scope of his authority and the statutory source of the authority under laws of the State which employs him.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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