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
Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

House Democrats Outline Gun Control Agenda for 116th Congress

News  

Friday, November 16, 2018

House Democrats Outline Gun Control Agenda for 116th Congress

With anti-gun Democrats back in control of the House of Representatives come January, now is the time to prepare for a new onslaught on the Second Amendment. Emboldened by the mere thought of controlling the ...

Toledo Mayor Plays Politics With Officer Safety Via New Firearm Procurement Measures

News  

Friday, November 16, 2018

Toledo Mayor Plays Politics With Officer Safety Via New Firearm Procurement Measures

Bad ideas have a way of recurring within gun control circles. And when they do, they are usually accompanied by self-congratulatory rhetoric about their supposedly “innovative” and “forward-thinking” nature. That was certainly the case this ...

NRA Challenges Constitutional Violations in Initiative 1639

News  

Thursday, November 15, 2018

NRA Challenges Constitutional Violations in Initiative 1639

The NRA was joined by the Second Amendment Foundation in filing a lawsuit challenging gun control measures recently passed in Washington ballot initiative I-1639.

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

News  

Friday, November 2, 2018

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

Everyone has hobbies. Some doctors’ collective hobby is opining on firearms policy. Half of the articles in the “Latest from Annals” email from the Annals of Internal Medicine journal are related to firearms. The most prominent of these ...

Missing the Marx: Gun Control’s Future is … Communism?

News  

Friday, November 2, 2018

Missing the Marx: Gun Control’s Future is … Communism?

After every high profile crime committed with a firearm of any sort, there are always calls for gun control. But one particular proposal this week managed to distinguish itself amid the usual din, if only ...

Yes, George Soros is a Gun Grabber

News  

Friday, November 16, 2018

Yes, George Soros is a Gun Grabber

In 2015, billionaire gun control financier and potential 2020 presidential candidate Michael Bloomberg financed the creation of the anti-gun propaganda outlet The Trace. Ever grateful for their wealthy benefactor’s unfettered largesse, the Bloomberg advocacy group now views less-profligate anti-gun tycoons as ...

Midterm Elections Offer Motivation to Continue the Fight For Our Rights

News  

Friday, November 9, 2018

Midterm Elections Offer Motivation to Continue the Fight For Our Rights

The votes have all been cast in the 2018 midterm elections. And while the counting and recounting is still under way in some places, the overall picture that has emerged soundly refutes the breathless media narrative of ...

Indulgences for Hollywood as Movie Studio Buys Gun Offsets

News  

Friday, November 16, 2018

Indulgences for Hollywood as Movie Studio Buys Gun Offsets

In 2014, Hollywood movie mogul and fierce NRA critic Harvey Weinstein appeared to acknowledge the movie industry might be able to have a positive impact by reducing its glorification of criminal violence. Weinstein explained, I have to ...

Former ATF Agent Pulls Mask Off Giffords’s Plans for Federal AR-15 Registration

News  

Friday, November 2, 2018

Former ATF Agent Pulls Mask Off Giffords’s Plans for Federal AR-15 Registration

In an odd turn, just before Halloween one prominent gun control group briefly got out of costume. When former Congresswoman Gabrielle Giffords and husband Mark Kelly launched Americans for Responsible Solutions (now named Giffords) in ...

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.