Explore The NRA Universe Of Websites

APPEARS IN Gun Laws

Law Enforcement Officer Safety Act: Off-Limit Areas?

Thursday, January 1, 2015

Law Enforcement Officer Safety Act: Off-Limit Areas?

This article first appeared in Police Magazine.

During a recent presentation on LEOSA at the International Law Enforcement Educators and Trainers Association Conference (ILEETA), I addressed the fact that individuals carrying under LEOSA do not qualify for the same exemptions some state permit holders benefit from in terms of carrying concealed firearms in Federal Parks and Gun Free School Zones (GFSZ).  The surprised looks and concerns from the audience raised a giant red flag: if the experts out there don't know this, how many others may be unknowingly violating the law?

While LEOSA affords qualified active and retired law enforcement officers the privilege to carry a concealed firearm in all fifty states, the District of Columbia, Puerto Rico, and all other U.S. possessions (except the Canal Zone), it does contain some restrictions. 

Explicitly written into the statute are several areas considered off-limits to those carrying under LEOSA, such as restrictions imposed by private persons or entities on the their property and those imposed on state or local government property, installations, buildings and parks.  What is not included in the statute is where problems may arise.

Per 18 U.S.C. § 930(a) an individual is prohibited from possessing or attempting to possess a firearm in a Federal facility, which is broadly defined in the statute to include "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties".

While the ban on possession in Federal facilities appears to be well understood and recognized by those carrying under LEOSA, the exemptions which allow individuals with a state issued permit to carry concealed firearms in Federal park lands and through GFSZ's are not.

The exemptions for these areas (36 C.F.R. §§ 2.4(e) & (h), 18 U.S.C. § 922(q)) allow for individuals carrying concealed in accordance with the laws of the state in which the federal park or GFSZ is located to carry concealed in them*; however, an individual carrying under LEOSA is carrying under FEDERAL LAW and not in accordance with the laws of the state they are in.  What this means is that you are NOT exempted from carrying a concealed firearm in these areas UNLESS you are on official duty or posses a valid and qualifying state issued concealed carry permit.

Don't think this applies to you?  Think again.  Go check out your local Planning Department's website or take a quick look at San Francisco Planning Department's GFSZ map (www.sf-planning.org/index.aspx?page=2337).  Most cities are so laden with GFSZ's that it is virtually impossible to travel anywhere without inadvertently passing through one of them.

So what does this mean for you?  While there have been no known prosecutions of individuals violating these laws while carrying under LEOSA (one must assume that professional courtesy and the lack of knowledge on the issue has prevented this) you should always protect yourself by obtaining a state issued concealed carry permit in addition to your LEOSA credentials.  Most states have reciprocity laws and agreements which allow for vast recognition of their permits throughout the country and some even allow you to apply as a non-resident.** Bottom line; always be aware of your surroundings, as ignorance is not a defense to the law.


* Federal buildings located on the property are still prohibited places per 18 U.S.C. § 930(a)

** More information about state reciprocity and recognition agreements can be found at www.nraila.org/gun-laws.aspx

BY James M. Baranowski, Esq.

Manager of External Affairs,

Follow This Contributor

James M. Baranowski is Associate Litigation Counsel at the NRA's Institute for Legislative Action and a member of the International Law Enforcement Educators and Trainers Association (ILEETA). He is a decorated combat veteran, having served in the United States Marine Corps both as an officer with 1st Reconnaissance Battalion and as a judge advocate.

TRENDING NOW
University President, Activist Scolds, Try to Take “Come and Take It” Battle Cry

News  

Monday, September 20, 2021

University President, Activist Scolds, Try to Take “Come and Take It” Battle Cry

Long a slogan of defiance and independence, it is little wonder that the phrase “Come and take it” now finds itself falling into disfavor with a new generation of busybodies and penny-ante authoritarians. The latest ...

Biden Administration Bans Importation of Russian Ammunition

News  

Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

Harvard Researcher: About Half of New Gun Owners are Women

News  

Monday, September 20, 2021

Harvard Researcher: About Half of New Gun Owners are Women

In a blow to the tired stereotypes perpetuated by gun control supporters, a recent academic survey found broad diversity among recent first time gun buyers.

The State of Surveillance: California Cops and Social Media Monitoring

News  

Monday, September 20, 2021

The State of Surveillance: California Cops and Social Media Monitoring

Last year, the Brennan Center for Justice requested under California’s freedom of information law, that the Los Angeles Police Department (LAPD) provide records relating to the Department’s “social media monitoring” activities.

Virginia Attorney General Finds More Roving Gun-Free Zones

News  

Monday, September 20, 2021

Virginia Attorney General Finds More Roving Gun-Free Zones

The Virginia state government’s attacks on law-abiding gun owners continue apace. On September 1, Attorney General Mark R. Herring (D) used his position to offer an expansive interpretation of statute that will create a confusing patchwork of ...

Virginia Shocker: Crime to Get Public Health Response, Not Police

News  

Monday, September 20, 2021

Virginia Shocker: Crime to Get Public Health Response, Not Police

The Mayor of Richmond rejected a plan to reduce violence by focusing on gangs, instead prioritizing a costly “public health” approach that conflicts with the reality on the ground.

Biden Reiterates Call to Ban 9mm Handguns

News  

Monday, July 26, 2021

Biden Reiterates Call to Ban 9mm Handguns

During a July 21 CNN “presidential town hall,” Joe Biden expressed his support for a ban on commonly-owned handguns. Responding to a question about the recent increase in violent crime, the career politician stated,

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Committee Hearing CPL Reform Bill

Friday, September 17, 2021

Michigan: Committee Hearing CPL Reform Bill

On Tuesday, September 21st, the House Judiciary Committee is hearing House Bill 4003, to reduce the penalty for law-abiding citizens who forget to renew their Concealed Pistol License in certain instances.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.