The Law Enforcement Officers Safety Act (LEOSA) is a United States federal law, enacted in 2004, that allows two classes of persons—the "qualified law enforcement officer" and the "qualified retired or separated law enforcement officer"—to carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with certain exceptions.
LEOSA is often incorrectly referred to as "H.R. 218". The act was introduced during the 108th Congress as H.R. 218 and enacted as Public Law 108–277. The law was later amended by the Law Enforcement Officers Safety Act Improvements Act of 2010 (S. 1132, Public Law 111-272), and Section 1099C of the National Defense Authorization Act for Fiscal Year 2013 (H.R. 4310, Public Law 112-239). It is codified within the provisions of the Gun Control Act of 1968 as .
The law and its amendments Whether or not a person is privileged by the Law Enforcement Officers Safety Act (LEOSA) of 2004 and its amendments in 2010 and 2013 to carry a concealed firearm depends on whether or not he or she meets the federal definitions for either a "qualified law enforcement officer" or a "qualified retired law enforcement officer." If a person meets the criteria, then "notwithstanding any other provision of the law of any State or any political subdivision thereof", he or she may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, in any state or political subdivision thereof.See Title 18, USC, Section 921, which defines "state" to also include the District of Columbia, Puerto Rico and U.S. possessions. As a result, an 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 Section 926C(a)) that notwithstanding the law of "any State" a person who qualifies under LEOSA is not subject to the concealed carry laws of any state.
Some officials, such as in New Jersey, believe that a retired officer residing in NJ must still obtain a state issued permit in order to be eligible to carry a firearm under LEOSA, in effect nullifying LEOSA. However, that view assumes New Jersey law is not preempted by LEOSA and has no support in the LEOSA statute itself, by its terms, or in any published court case to date. On May 11, 2020, the Federal Law Enforcement Officers' Association (FLEOA), the New Jersey Fraternal Order of Police (NJFOP), and three individual complainants, filed a federal lawsuit against the New Jersey Attorney General and the Superintendent of the NJ State Police, seeking to compel the State of New Jersey's compliance with LEOSA. Furthermore, LEOSA's legislative history indicates that its framers intended LEOSA to supersede all states' laws, including the home state of the individual claiming its exemption. For example, Congress declared LEOSA's purpose was to implement "national measures of uniformity and consistency" and allow officers to carry a concealed firearm "anywhere within the United States."H.R. Rep. 108-560 at p. 4. In addition, Congress rejected efforts to allow states to opt out of LEOSA.H.R. Rep. 108-560 at pp. 7-8, 29-37; Sen. Rep. 108-29 at p.7 The House of Representatives also defeated—and the Senate refused to consider—proposed amendments aimed at preserving local law enforcement agencies' discretion to regulate "the conditions under which their officers may carry firearms."H.R. Rep. 108-560 at pp. 8-9, 37-45, Sen. Rep. 108-29 at pp. 6-7 Thus, both the words of LEOSA and its legislative intent clearly establish that LEOSA applies nationwide, including the home state of the individual. In 2024 the United States Court of Appeal for the Third Circuit ruled against the state of New Jersey and held that LEOSA pre-empts state law.
The privilege specifically does not extend to machine guns, destructive devices, or suppressors. LEOSA does not bestow any authority or right to officers whose agencies employed them as unarmed law enforcement. LEOSA covers state and public university and/or college campus law enforcement officers, however this law does not cover private campus police or company police.
Although LEOSA preempts state and local laws, there are two notable exceptions: "the laws of any State that (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property" (such as a bars, private clubs, amusement parks, etc.), or "(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park" Additionally, LEOSA does not override the federal Gun-Free School Zone Act (GFSZA) which prohibits carrying a firearm within 1,000 feet of elementary or secondary schools unless the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State. Although the GFSZA authorizes on-duty law enforcement officers to carry firearms in such circumstances, off-duty and retired law enforcement officers are still restricted from doing so unless they have a firearms license issued from the state in which they reside and then it is only good for the state in which they reside. Individuals must also obey any federal laws and federal agency policies that restrict the carrying of concealed firearms in certain federal buildings and lands, as well as federal regulations prohibiting the carriage of firearms on airplanes.
Debate has continued over the effect and scope of policies issued by individual law enforcement agencies in relation to their own employees, where such policies would appear to restrict the ability of a law enforcement officer to carry a firearm. Some argue that the law does not override the internal policies of a department or agency. However, when LEOSA was under consideration in the United States House of Representatives Committee on the Judiciary, considerable representations were made to the effect that it would override agency-specific policies, leading to opposition to the Act from the International Association of Chiefs of Police, the Police Executive Research Forum, and the United States Conference of Mayors, which was expressed as a dissenting view in the report of the committee. Congressman Bobby Scott (D-VA) proposed an amendment to the Bill to provide that it "shall not be construed to supersede or limit the rules, regulations, policies, or practices of any State or local law enforcement agency," but this amendment was opposed by the sponsors of the bill, and was rejected by the Committee 21–11, so the enacted law contains no such exception. In his dissent to the passage of LEOSA, Senator Edward M. Kennedy acknowledged that LEOSA overrides agency policy in accordance with United States Supreme Court precedent: "The bill removes the ability of police departments to enforce rules and policies on when and how their own officers can carry firearms. Police chiefs will lose the authority to prohibit their own officers from carrying certain weapons on-duty or off-duty. Section 2 of the bill provides that regardless of any other provision of the law of any State or any political subdivision thereof, any individual who qualifies as a law enforcement officer and who carries photo identification will be authorized to carry any firearm. In a variety of contexts, including the federal preemption of state law, courts have interpreted the term law to include agency rules and regulations. The Supreme Court has ruled that this term specifically includes contractual obligations between employers and employees, such as work rules, policies, and practices promulgated by state and local police departments.Norfolk & Western Ry. Co. v. Am. Train Dispatchers' Assoc., 499 U.S. 117 (1991)." Senate Report No. 108-29 at page 17 To date no officer has refused to apply to LEOSA on the basis of any moral grounds.
2010 amendment In 2010, LEOSA was amended by the Law Enforcement Officers Safety Act Improvements Act of 2010, which specifically extended coverage to include law enforcement officers of the Amtrak Police, Federal Reserve Police, and law enforcement officers of the executive branch of the Federal Government. The provisions for disqualification on mental health grounds and the provisions regarding qualifications to carry a firearm were amended, and the number of aggregate years for retired officers was reduced from fifteen to ten. In addition the definition of a firearm was expanded to include any ammunition not prohibited by the National Firearms Act of 1934. This was done to exempt qualified active and retired law enforcement officers from the prohibitions against carrying hollow-point ammunition that is in force in New Jersey (except for their peace officers and active federal law enforcement officers) and a few other locations. The concept of "retirement" was replaced with "separated from service" and the requirement that the retired officer have a non-forfeitable right to retirement benefits was eliminated.
2013 amendment In 2013, LEOSA was again amended by the National Defense Authorization Act (NDAA) for Fiscal Year 2013, effective January 2, 2013, after President Obama signed Public Law 112-239 (H.R. 4310). Section 1089 of the NDAA contained language which further clarified that military police officers and civilian police officers employed by the U.S. Government unambiguously met the definitions in the original Act. The definitions of "qualified active" and "qualified retired" law enforcement officer include the term "police officers" and expanded the powers of arrest requirement definition to include those who have or had the authority to "apprehend" suspects under the Uniform Code of Military Justice. Senator Patrick Leahy, a key sponsor of the bill, remarked "The Senate has agreed to extend that trust to the law enforcement officers that serve within our military. They are no less deserving or worthy of this privilege and I am very pleased we have acted to equalize their treatment under the federal law". He further stated "The amendment we adopt today will place military police and civilian police officers within the Department of Defense on equal footing with their law enforcement counterparts across the country when it comes to coverage under LEOSA."Leahy Hails Senate Action on Law Enforcement Amendment
Executive Order on Protecting Law Enforcement Officers, Judges, Prosecutors, and their families On January 18, 2021, President Donald J. Trump issued Executive Order 13977 to expand LEOSA coverage for Judges, prosecutors, and law enforcement officers. The order also directed the removing of obstacles to Federal Law Enforcement Officers Qualifying For Concealed Carry Under the Law Enforcement Officers Safety Act of 2004.
Qualified law enforcement officers In 18 USC § 926B(c), "qualified law enforcement officer" is defined as any individual employed by a governmental agency not a privately owned or operated companies, who: 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). is authorized by the agency to carry a firearm; is not the subject of any disciplinary action by the agency which could result in suspension or loss of police powers; meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm; is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and is not prohibited by Federal law from receiving a firearm.