Federal legislation contained no funding to create state or local programs to qualify retired law enforcement officers to carry a concealed weapon, there are few Montana agencies that offer such programs. While some smaller local agencies may qualify their retirees, such programs are not generally available in Montana and few retired Montana Law Enforcement Officers are therefore able to carry concealed weapons under this federal legislation.
Jerry Williams 406‐490‐1947
Agreement between the Attorney General’s office and the MPPA
Law Enforcement Officers Federal legislation signed in July 2004 exempts current and retired law enforcement officers from Montana’s concealed weapon statute. Any qualified law enforcement officer with proper identification can carry a concealed weapon, overruling state concealed weapons laws to the contrary.
Active Officers Under the federal law, a qualified law enforcement officer is defined as a current employee of a governmental agency who is 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 who has the statutory powers of arrest. In addition, the law enforcement officer must:
be authorized by the agency to carry a firearm
meet the agency’s necessary qualifications to carry a firearm
be in good standing with the agency
not be under the influence of alcohol or drugs
not be prohibited by federal law from carrying a firearm
The photographic identification issued by the governmental agency by which the individual is employed.
A badge qualifies as long as it has a photo ID with it.
In Montana, an officer’s P.O.S.T. certification fulfills the requirements of this act.
Retired Officers The federal legislation defines a qualified retired law enforcement officer as anyone who retired from service with a public agency as a law enforcement officer as defined above and did so in good standing. In addition, the individual must:
Have been a law enforcement officer a total of at least 15 years
Have completed the employer’s required probationary period, if retiring due to a service‐connected disability
Have a nonforfeitable right to benefits under the retirement plan of a law enforcement agency
Have met, during the most recent 12‐month period, at his or her own expense, the same standards for training and qualification to carry a firearm as are required for active law enforcement officers in his or her resident state
Not be under the influence of alcohol or drugs
Not be prohibited by federal law from carrying a firearm
a photo ID issued by the law enforcement agency from which the individual retired that indicates that he or she has met the same standards to carry a firearm as are required by that agency for active law enforcement officers, or
a photo ID issued by the law enforcement agency from which the individual retired, and a certification issued by the individual’s state of residence that indicates he or she has met, during the most recent 12‐month period, at his or her own expense, the same standards for training and qualification to carry a firearm as are required for active law enforcement officers in his or her resident state
However, because the federal legislation contained no funding to create state or local programs to qualify retired law enforcement officers to carry a concealed weapon under this provision, there are few agencies that offer such programs. While some smaller local agencies may qualify their retirees, such programs are not generally available in Montana and few retired officers here are therefore able to carry concealed weapons under this federal legislation.
While a retired law enforcement officer may have a Montana concealed weapons permit, having that Montana permit does not meet the firearms qualifications required by the federal act and does not allow retired officers to operate under its provisions, either in Montana or when they travel out of state.
Today, May 18, the National Rifle Association Institute for Legislative Action (NRA-ILA) announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s ban on the possession ...
We have yet to reach Memorial Day, but the fun police have already set their sights on at least one cherished summer childhood activity. In an article for Pupsugar.com, titled, “Why Kids Should Never Play ...
The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...
As if the country’s media weren’t already sufficiently co-opted by anti-gun advocates, this week, Michael Bloomberg’s Everytown for Gun Safety announced an effort to pervert an additional facet of American entertainment. The billionaire bank-rolled interest group has ...
The yearly onslaught of anti-gun legislation in the Empire State is concrete proof that anti-gun politicians will never be satisfied until guns are completely banned. Even though Albany lawmakers passed arguably the nation’s harshest gun ...
Today, May 19, was the second chamber policy committee deadline. Two anti-gun bills, Senate Bill 115 and Senate Bill 387, both failed to pass out of the Assembly Judiciary Committee and are now dead for the 2017 legislative ...
The Illinois House of Representatives may consider Senate Bill 1657, legislation that could put your local gun dealer out of business, at any time! It is imperative that you contact your state Representative IMMEDIATELY and ...
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.