The Peculiarities of H.R. 218
Its nickname is H.R. 218, but its real name is the Law Enforcement Officers Safety Act of 2004. It also includes the Law Enforcement Officers Safety Act Improvements Act of 2010 and the 2012 Defense Authorization Act Amendment. It comes under the provisions of the Gun Control Act of 1968. Let’s stick with the nickname, H.R. 218.
Its relevance to us is it justifies the carrying of a concealed weapon (CCW) across the United States, and then some. It also has some requirements that must be met. This article is only discussing H.R. 218 as it applies to LAPD or former LAPD officers. As an officer, or retired officer, there may be other legal justifications for CCW that apply to you under different laws, so failing to be covered by H.R. 218 may not be fatal, but this article restricts itself to discussing H.R. 218.
The Congressional Intent of H.R. 218 was to create equality between local law enforcement officers and federal law enforcement officers who carry firearms nationwide; to create an additional Homeland Security force of all current and retired qualified law enforcement officers; and to enable current and retired qualified law enforcement officers to protect themselves, their families and others from criminals and terrorists.
H.R. 218 does not give you any law enforcement authority. You are merely a citizen with a nationwide CCW permit under this law. H.R. 218 applies to LAPD officers who are active or who have separated in good standing from LAPD with an aggregate of 10 or more years of service or after completing probation, separated due to a service-connected disability.
If you are active, you must have your ID card in your possession. You must have met the qualification standards with your weapon as required by LAPD. If you are retired, you must have your retired ID and a certification from the state or a firearms instructor, showing that you have qualified in the last 12 months. Currently, the range opens to retired officers every August.
But there are certain circumstances when you may lose coverage under H.R. 218., some of which will not apply to a police officer, but some that would. Such as:
• When you are the subject of any disciplinary action that could result in suspension or loss of your police powers.
• When you are under the influence of alcohol or another drug.
• When you have been convicted of a misdemeanor domestic violence crime. When you are the subject of a restraining order.
• When you are a convicted felon.
• When you are an unlawful alien or fugitive from justice.
• If you renounce U.S. citizenship.
• While you are pending an indictment for a crime punishable by a sentence over one year.
• If you are an unlawful user or addicted to a controlled dangerous substance.
• If you are carrying a machine gun.
• If your firearm has a silencer.
• If your firearm is over 26 inches long.
• If your weapon is loaded with armor-piercing ammo.
• If you are within a federal facility or land unless there on official duty.
• If you are within a government facility or land in violation of state law. H.R. 218 does not supersede or limit the laws of the state that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or state or local governments from the same. Somewhat confusingly, state restrictions on private property are trumped by H.R. 218. So, a state law ban on guns in bars was invalid for an officer carrying a weapon under H.R. 218; however, if the state allowed private property owners to ban guns and this bar had posted a “no guns allowed” poster, H.R. 218 would not have allowed the officer to carry inside the bar. Disneyland, as an example, prohibits off-duty officers from carrying guns and is within its legal right to do so.
Be aware that federal law (18 USC 922q) bans guns within 1,000 feet of a public, private or parochial kindergarten through 12th-grade school. H.R. 218 does not have an exception for law enforcement officers from that section. However, other exemptions may exist, such as a law enforcement officer acting in his or her official capacity, etc. Beware of off duty!
Also, be aware that federal regulations ban carriage of firearms in U.S. parks, but exempts officers on official business or others in accord with the laws of the state in which the park is located (36 CFR. section 2.4(e), (h)). U.S. Postal Service property is also banned unless on official duty (39 CFR section 232(1). And, oh yeah, airplanes and AMTRAK are also not covered by H.R. 218.
Likewise, state laws requiring permits for security, bounty hunters, private investigators and the like are not preempted by H.R. 218.
Another unusual aspect of H.R. 218 is that it does not come into play unless your firearm is concealed. It does not apply to open carry. Concealed means hidden from ordinary view. There are cases where an officer was arrested for carrying a weapon off-duty that was not being concealed enough for H.R. 218 to apply!
By the way, the chief can regulate your city gun with rules but cannot prohibit the carrying of a personally owned gun under H.R. 218 if you otherwise qualify to be covered, such as carrying the proper ID. See the exceptions above, however, and realize that the Department can be held liable for failing to confiscate an ID card from an officer
known to be unfit, for not properly training an officer and for not disciplining an unfit officer.
H.R. 218 also does not shield you from individual liability.
Magazine capacity is not mentioned in H.R. 218, so it may not be helpful when dealing with state laws regulating the size of magazines.
Ammo, on the other hand, is mentioned, and you can carry any ammo not expressly banned by federal law (armor-piercing, for instance, is banned). H.R. 218 trumps state or local laws banning certain types of ammunition that are not banned by federal law.
Gun laws are a crazy mishmash of hard-to-understand and constantly changing regulations. Every time there is a mass shooting, every politician wants to get on television and propose another amendment to gun possession laws.
As the bumper sticker says, “Gun control is not what is needed. Idiot control is what is needed.”
Be legally careful out there.
