CONCEALED WEAPONS PERMIT UNIT |
Law Enforcement Officers' Safety Act
Law Enforcement Officers Verification Letter Sample <---- Word Document
LEOSA Brochure <---- PDF File
H.R. 218, the Law Enforcement Officers’ Safety Act (LEOSA)
On July 22, 2004, the United States Senate passed H.R. 218, the “Law Enforcement Officers’ Safety Act” by unanimous consent and was subsequently signed by President George W. Bush.
The bill exempts qualified active and retired law enforcement officers from select local and State prohibitions on the carrying of concealed firearms. It does not provide police officer liability protection, nor does it completely
exempt active or retired officers from all state laws regarding carrying concealed firearms.
On August 12, 2005, Arizona HB 2450 took effect which allows the CWPU to issue a “Certificate of Firearms Proficiency” to qualified retired law enforcement officer applicants who are Arizona residents. Retired officers will need to qualify with the type of firearm they wish to carry and pass a judgmental shooting evaluation. Applicants must qualify through a AZPOST certified firearms instructor approved by the CWPU (there is no longer a requirement for the instructor to also be a CCW instructor). The instructor will provide the applicant with an application that must be filled out and submitted to the CWPU (along with other required documentation) and a money order/cashiers check/certified check for the applicable fee made payable to the Department of Public Safety. Upon receipt of all required documents, the CWPU will issue the certificate. Active duty peace officers do not need this certificate; they may carry using their law enforcement credentials.
Firearm qualification will consist of standard AZPOST requirements (50rd course, ranges of 25, 15, 7 and 3 yards, min passing score is 210). The TQ15, TQ 19 or TQ 21 targets may be used.
Judgmental shooting evaluations can be accomplished by a variety of approved means to include the use of FATS/Range2000 units, “friend or foe” targets, video scenarios, etc. This portion of the qualification must follow AZ
POST requirements.
Required application documents will include: a completed LEOSA application signed by the instructor, a photocopy of the applicant's retired credentials, a letter from the agency the officer retired from and the appropriate fee. Fingerprint cards will not be submitted.
The agency letter must be on agency letterhead and include the applicants name, rank, employee or badge number, dates of employment, and retired status. The letter must also contain the name and telephone number of an individual within the agency who can verify the information provided. Use the CWPU LEOSA form letter as all others will be rejected unless arrangements have been made with the CWPU. If a certificate of firearms proficiency expires, the former certificate holder may obtain a new certificate only by complying with all of the requirements in Arizona Administrative Rule R13-9-402. (a link to the Arizona Administrative Rules can be found in Informational Links)
Certificates are valid for one year, beginning from the date the qualification was completed. Certificates are not CCW permits; they are simply documentation of training/qualification that must be carried along with the retired officer's credentials when carrying a concealed firearm.
Nothing precludes individual law enforcement agencies from qualifying their own retirees and issuing their own credentials with the required information.
To Obtain a Certificate of Firearms Proficiency (Retired Law Enforcement Only):
1. Locate an Instructor who is qualified to provide LEOSA qualification and
establish a qualification date.
2. Complete the AZPOST firearms qualification course with the type of firearm
you will carry (semi-auto, revolver, or both).
3. Obtain the application from the instructor. Ensure they complete their portion and you fill out the rest.
4. Submit the completed application, letter from your agency, a photocopy of your retired credentials issued
by your agency and a money order, cashiers check, or a certified check for the applicable fee made payable
to the Department of Public Safety. For future submissions, you will NOT need to submit the letter from
your agency or the photocopy of your credentials UNLESS the LEOSA certificate is allowed to expire.
5. Submit the completed packet to the CWPU.
6. Normally, you will receive your certificate within a reasonable period (one to two weeks).
7. The LEOSA certificate is good for one year. If the LEOSA certificate is allowed to expire you must
successfully complete the qualification course, submit a copy of your agency letter and agency retired photo
id, and applicable fee, to renew it. (Az Administrative Rule 13-9-404)
LEOSA INSTRUCTOR ELIGIBILTY
Due to the language of the federal law, each state is required to follow state police officer firearm certification requirements. In this state, Arizona Peace Officer Standards and Training (AZPOST) rules apply.
Instructors must meet all of the following prerequisites:
- Be an Active, retired or reserve Arizona Peace Officer Standards & Training certified firearms instructor, and
- Be approved by the AZ DPS CWPU.
CCW Instructors can not become an AZ POST certified firearms instructor unless they:
- are an active duty or reserve AZPOST certified peace officer;
- have been a peace officer for at least two years;
- have completed the AZPOST general instructor course;
- have completed the AZPOST firearms instructor course;
- maintain competency and proficiency;
- have not had AZPOST certification suspended or revoked.
Retired AZPOST certified peace officers must have been certified AZPOST firearms instructors prior to retirement - there are no provisions to obtain this certification unless the retiree becomes a reserve peace officer and completes the required training.
To become a LEOSA Instructor submit a LEOSA Instructor application to the CWPU. The application can be found in the downloadable forms section on the CCW Home Page.
Frequently Asked Questions (FAQs) about LEOSA (H.R. 218):
1. Who is eligible to carry concealed firearms under this legislation?
Qualified law enforcement officers employed by or retired from a local, State or Federal law enforcement agency. A “qualified active law enforcement officer” is defined as an employee of a government agency who:
- is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;
- has statutory powers of arrest;
- is authorized by the agency to carry a firearm;
- is not the subject of any disciplinary action by the agency;
- meets the 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 possessing a firearm.
Qualified active law enforcement officers must carry the photographic identification issued by the agency for which they are employed. If you are an active duty law enforcement officer with any local, State or Federal governmental agency and you meet all of the requirements above, you may carry a concealed firearm under the provisions set out in the bill. The definition of “firearm” specifically excludes machine guns, silencers, explosives or other destructive devices as these terms are defined in Federal law.
Retired reserve law enforcement officers do not meet the criteria established in the definition of a “qualified retired law enforcement officer”, therefore, the CWPU will not issue certificates to these individuals.
2. I am a fully sworn law enforcement officer with statutory law enforcement authority, but I work for a private university or other non-governmental employer. Will I be able to carry under the provisions of H.R. 218?
No. You must be an employee of a local, State or Federal governmental agency to carry a firearm under the provisions of this legislation.
3. My agency has a policy that does not allow me to carry my firearm while I am off-duty. Does this mean that this legislation will not benefit me?
If you are a qualified active law enforcement officer, you will legally be able to carry a firearm under the provisions of H.R. 218. There may be agencies which enforce or adopt policies, rules, regulations, or employment conditions which discourage or punish officers which choose to carry while off-duty, but such actions do not mean that the officer cannot carry under the provisions of the bill.
4. I am a retired officer— how do I qualify to carry under the provisions of this bill?
The legislation requires retired law enforcement officers to meet the active duty standards for qualification with a firearm in the State where they reside. Retired officers must qualify at their own expense through an authorized Arizona CCW LEOSA Instructor and, once they do, submit an application, documentation and fee to the CWPU. Once approved, the CWPU will issue a certificate of firearm proficiency and the retiree will be able to carry the type of firearm (semi-auto, revolver or both) with which they have been qualified under the provisions of H.R. 218. Retired officers must carry this certificate in addition to their photographic identification issued by their former law enforcement agency.
5. Does this bill allow me to carry a firearm on an airplane?
No. This legislation exempts qualified active and retired law enforcement officers from most State and local laws regarding the carrying of concealed firearms. The carriage of firearms on aircraft is regulated by Federal statutes and airline policy.
6. Does H.R. 218 preempt state and local laws regarding firearms?
Yes, H.R. 218 specifies two exceptions:
This section shall not be construed to supersede or limit the laws of any State that--
1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their
property; or
2) prohibit or restrict the possession of firearms on any State or local government property, installation,
building, base, or park.
This means private persons or businesses may post their property with ”no firearms or weapons” signs and no one other than active duty law enforcement officers may bring a firearm onto the premises. Additionally, state or local governments may prohibit firearms on government property in a similar manner.
7. Can a person carrying pursuant to LEOSA carry a concealed firearm into a place that serves alcohol for consumption on the premises?
If the business is posted “No Firearms or Weapons” (or something similar), the person may NOT enter with a firearm (see question 6 above). If the business is not posted, a person carrying under LEOSA may enter with the firearm, however, the person is prohibited from consuming alcohol. How this law applies to active law enforcement officers will vary from state to state; contact that state for details. In Arizona, active peace officers may carry in on-sale liquor establishments.
8. I am not a resident of Arizona, but my home state will not issue a certificate of proficiency. Can I use an Arizona certificate of proficiency in my home state or elsewhere under LEOSA?
No. Federal law specifically states the certification must be issued by the state of residence in order for it to be valid. LEOSA certificates of proficiency issued by AZ DPS are only valid if issued to an Arizona resident who is also a qualified retired officer. Note - It does not matter what agency the officer retired from (Arizona or out of state).
Example 1: An officer retires from the Dallas PD, moves to Arizona, completes the LEOSA qualification and obtains the AZ DPS LEOSA certificate - this officer is qualified under LEOSA.
Example 2: An officer retires from Chicago PD and lives in Chicago. Because the officer can't find any law enforcement agency in Illinois who is conducting LEOSA qualification, this officer travels to Arizona and completes the LEOSA qualification and obtains the AZ DPS LEOSA certificate - this officer is NOT qualified under LEOSA and is at risk of being arrested if carrying a concealed handgun.
ALL LEOSA RELATED FORMS CAN BE
FOUND IN DOWNLOADABLE FORMS
Page updated 01/04/2007
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