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  • Mj45

    Active Member
    Feb 4, 2013
    120
    I recently looked over the newest version of the handgun permit application and noticed handgun permit catagory #4 is for former police officers and reads:

    "4. Former Police Officer: If you have resigned or retired, you must show evidence of your tenure in law enforcement, such as a letter from your agency, and a letter from your agency indicating you left in good standing. Additional requirements may apply."

    I spent over 10 years in LE while in the military and 3 years as a special agent with the federal government. Both times I resigned under honorable conditions and it does state "resigned" in the definition. Would that qualify me to apply under that catagory?

    I also read somewhere, either here or on the MSP webpage, that I would have to qualify with a handgun prior to getting the permit. Does that sound correct?

    Has anyone had an experience with this process to include the quilification? Any thoughts or suggestions are greatly appreciated.
     

    ThatIsAFact

    Active Member
    Mar 5, 2007
    339
    take a look at the LEOSA first

    Based on the bare facts in your post, you might be a "qualified retired law enforcement officer" as defined in a federal law, 18 U.S.C. 926C, also known as the Law Enforcement Officers Safety Act (LEOSA). This law was originally enacted in 2004, and Congress has twice expanded it since then.

    There is a summary of this law, which appears to be pretty accurate, here:
    http://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act

    If you are LEOSA-qualified, and obtain the proper retirement credential, then federal law allows you to carry a concealed firearm in all 50 states or D.C., with certain specified limitations. This is true "notwithstanding any other provision of the law of any State or any political subdivision thereof." Thus, for those who are LEOSA-qualified, a Maryland carry permit is not really necessary, although in certain circumstances it may be helpful.

    For further information on how to obtain the necessary credential in Maryland, go to the Maryland State Police website here:
    http://www.mdsp.org/Organization/SupportServicesBureau/LicensingDivision/LEOSA.aspx
     

    Mj45

    Active Member
    Feb 4, 2013
    120
    Based on the bare facts in your post, you might be a "qualified retired law enforcement officer" as defined in a federal law, 18 U.S.C. 926C, also known as the Law Enforcement Officers Safety Act (LEOSA). This law was originally enacted in 2004, and Congress has twice expanded it since then.

    There is a summary of this law, which appears to be pretty accurate, here:
    http://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act

    If you are LEOSA-qualified, and obtain the proper retirement credential, then federal law allows you to carry a concealed firearm in all 50 states or D.C., with certain specified limitations. This is true "notwithstanding any other provision of the law of any State or any political subdivision thereof." Thus, for those who are LEOSA-qualified, a Maryland carry permit is not really necessary, although in certain circumstances it may be helpful.

    For further information on how to obtain the necessary credential in Maryland, go to the Maryland State Police website here:
    http://www.mdsp.org/Organization/SupportServicesBureau/LicensingDivision/LEOSA.aspx


    Thanks for your response and for the links. Under LEOSA it states that I have to have photo ID from the agency I left and when you resign, they don't let you keep your creds, at least the military and federal agency I worked for didn't. This would be an ideal way to go, but afraid they wouldn't accept my application without the photo ID.
     

    ThatIsAFact

    Active Member
    Mar 5, 2007
    339
    Thanks for your response and for the links. Under LEOSA it states that I have to have photo ID from the agency I left and when you resign, they don't let you keep your creds, at least the military and federal agency I worked for didn't. This would be an ideal way to go, but afraid they wouldn't accept my application without the photo ID.

    It is not the original photo ID from your time on the job that you need. What the law requires is a new document from the previous agency or agencies showing service and retirement status, along with the proof of annual range certification. The complete text of 18 U.S.C. §926C is inserted below -- take note of the portion in boldface. I'm no expert on the subject, but it has been my understanding that such documentation is available from many federal agencies now. If that is not the case, it would be interesting to know it, since it certainly appears that it was the intent of Congress that retired military LEOs should be covered.

    18 USC § 926C - Carrying of concealed firearms by qualified retired law enforcement officers

    a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

    (b) 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.

    (c) As used in this section, the term “qualified retired law enforcement officer” means an individual who—
    (1) separated from service in good standing from service with a public agency as a law enforcement officer;

    (2) before such separation, was 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 had 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);

    (3)
    (A) before such separation, served as a law enforcement officer for an aggregate of 10 years or more; or
    (B) separated from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

    (4) during the most recent 12-month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State;

    (5)
    (A) has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in subsection (d)(1); or
    (B) has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subsection (d)(1);

    (6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

    (7) is not prohibited by Federal law from receiving a firearm.

    (d) The identification required by this subsection is—
    (1) a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm;
    or
    (2)
    (A) a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer; and
    (B) a certification issued by the State in which the individual resides or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met—
    (I) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm;
    or
    (II) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm.


    (e) As used in this section—
    (1) the term “firearm”—
    (A) except as provided in this paragraph, has the same meaning as in section 921 of this title;
    (B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and
    (C) does not include—
    (i) any machinegun (as defined in section 5845 of the National Firearms Act);
    (ii) any firearm silencer (as defined in section 921 of this title); and
    (iii) any destructive device (as defined in section 921 of this title); and

    (2) the term “service with a public agency as a law enforcement officer” includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,525
    The Md flavor does not require shooting qualification * at present * .

    The proir LE service does not totally paralell the Federal, so hypotheticall someone could be eligable iunder one but not the other and the reverse.

    There is anecdotal evidence that there are * unwritten internal policies * at MSP that work both directions : sometimes they accept prior LE service within a certain time period , and not after that. Sometimes MSP will do very accelerated issue/ renewal for former LE.

    Apply. If you haven't yet stumbled upon someone knowledegable who will share the *unwritten Guidelines * , don't make it a wild goose chase, just apply.

    If you do so , make it a "pure" former LE Application. Don't confuse the issue with 2A sentiments , or unrelated civillian G&S .
     

    Mj45

    Active Member
    Feb 4, 2013
    120
    The Md flavor does not require shooting qualification * at present * .

    The proir LE service does not totally paralell the Federal, so hypotheticall someone could be eligable iunder one but not the other and the reverse.

    There is anecdotal evidence that there are * unwritten internal policies * at MSP that work both directions : sometimes they accept prior LE service within a certain time period , and not after that. Sometimes MSP will do very accelerated issue/ renewal for former LE.

    Apply. If you haven't yet stumbled upon someone knowledegable who will share the *unwritten Guidelines * , don't make it a wild goose chase, just apply.

    If you do so , make it a "pure" former LE Application. Don't confuse the issue with 2A sentiments , or unrelated civillian G&S .

    Looks like I may have to go the Maryland route and forgo the LEOSA route as my former agency doesn't issue photo ID for those who have departed. You mention to "make it a pure LE application". Do I assume that being a former police office is good enough G&S?
     

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