Leo Carry: Firearm Insurance Essentials

The Law Enforcement Officers Safety Act (LEOSA) is a federal law enacted in 2004 that allows qualified active, retired, or separated law enforcement officers to carry a concealed firearm almost anywhere in the US and its territories, regardless of state or local laws. This includes both on and off-duty incidents. However, there are certain exceptions, such as restrictions on private or government property, school zones, and federal buildings.

While LEOSA provides legal protection for law enforcement officers, it's important to note that it does not shield them from all civil or criminal liability. To mitigate the risks associated with firearm use, many federal law enforcement officers (FLEOs) choose to obtain specialized insurance, such as Federal Employee Professional Liability Insurance (FEPLI), which includes LEOSA liability coverage. This type of insurance offers access to qualified legal defense in the event of LEOSA-related incidents.

Additionally, retired law enforcement officers may also consider obtaining concealed carry insurance to protect themselves financially and legally in the event of a self-defense incident. There are several companies that offer concealed carry insurance, and it is important to carefully review the coverage options, fine print, and customer reviews before selecting a plan.

The Law Enforcement Officers Safety Act (LEOSA) allows LEOs to carry concealed firearms almost anywhere in the US and its territories

The Law Enforcement Officers Safety Act (LEOSA) is a federal law enacted in 2004 that allows two classes of individuals to carry a concealed firearm in any jurisdiction in the United States and its territories, regardless of state or local laws. These two classes are "qualified law enforcement officers" and "qualified retired or separated law enforcement officers".

LEOSA was introduced as H.R. 218 during the 108th Congress and enacted as Public Law 108-277. The act has since been amended twice, in 2010 and 2013, with reforms that expanded and clarified it.

For an individual to be considered a "qualified law enforcement officer", they must meet a list of criteria. They need full authorization from their agency to carry and use a firearm, have a total of 10 or more years of law enforcement service, and not be under any disciplinary action, among certain other requirements.

Qualified retired law enforcement officers must also meet additional criteria, including having separated from service in good standing with a public agency as a law enforcement officer and having served as a law enforcement officer for an aggregate of 10 years or more.

While LEOSA allows qualified individuals to carry concealed firearms in almost any location, there are some exceptions and exclusions. For example, the term 'firearm' in this act does not include "machine gun, silencer, or destructive device". Additionally, LEOSA does not supersede the rights of "private persons or entities" on their property, and any rules they set about prohibiting or restricting the possession of concealed firearms must be followed. The same goes for "any state or local government property". This means that school zones and government buildings such as city halls or local post offices are off-limits.

It is important to note that LEOSA does not grant enforcement authority to retired law enforcement officers carrying firearms under the act. They are simply considered citizens with a nationwide concealed carry permit.

LEOs must meet certain criteria to qualify for LEOSA

The Law Enforcement Officers Safety Act (LEOSA), also known as HR 218, allows qualified Law Enforcement Officers (LEOs) and qualified retired LEOs (RLEOs) to carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with some exceptions. The act was enacted in 2004 and has since been amended twice, in 2010 and 2013, with a further reform being considered in Congress as of February 2021.

To qualify under LEOSA, an individual must meet the following criteria:

• Be an employee of a governmental agency authorised by law to engage in or supervise the prevention, detection, investigation, prosecution of, or the incarceration of any person for any violation of law. They must also have statutory powers of arrest or apprehension under 10 U.S. Code § 807 (article 7(b) of the Uniform Code of Military Justice).
• Be authorised by the agency to carry a firearm.
• Not be the subject of any disciplinary action by the agency that could result in suspension or loss of police powers.
• Meet any standards established by the agency that require the employee to regularly qualify in the use of a firearm.
• Not be under the influence of alcohol or any other intoxicating or hallucinatory drug or substance.
• Not be prohibited by federal law from receiving a firearm.

In addition to the above, a qualified retired LEO must also meet the following criteria:

• Have separated from service in good standing with a public agency as an LEO.
• Have served as an LEO for an aggregate of 10 years or more, or separated from service after completing any applicable probationary period due to a service-connected disability, as determined by the agency.
• Have met, within the most recent 12-month period, the standards for qualification in firearms training for active LEOs, as determined by the former agency of the individual, the state in which the individual resides, or a law enforcement agency within the state in which the individual resides.
• Not have been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health.

It is important to note that even for qualified LEOs, LEOSA has exceptions and exclusions. For example, the term 'firearm' in this act does not include machine guns, silencers, or destructive devices. Additionally, LEOSA does not supersede the rights of private persons or entities on their property to prohibit or restrict the possession of concealed firearms. Similarly, LEOSA does not override rules prohibiting or restricting the possession of firearms on any state or local government property.

LEOSA does not override federal laws and policies that restrict carrying firearms in certain federal buildings and lands

The Law Enforcement Officers Safety Act (LEOSA) is a federal law that allows two classes of people—qualified law enforcement officers and qualified retired or separated law enforcement officers—to carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with certain exceptions.

LEOSA-qualified individuals are also subject to the Gun-Free School Zone Act (GFSZA), which prohibits carrying a firearm within 1,000 feet of elementary or secondary schools. Off-duty and retired law enforcement officers are restricted from doing so unless they have a firearms license issued by the state in which they reside.

In addition to federal restrictions, there are also state laws that LEOSA does not override. These include laws that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, such as bars, private clubs, and amusement parks. LEOSA also does not override state laws that prohibit or restrict the possession of firearms on any state or local government property, including installations, buildings, bases, or parks.

Retired LEOs can also qualify for LEOSA

The Law Enforcement Officers Safety Act (LEOSA) allows qualified retired law enforcement officers (LEO) to carry a concealed firearm in any jurisdiction throughout the United States. This includes members of the Army, Coast Guard, Air Force, or Navy who are also qualified law enforcement officers (QLEO).

Retired LEOs must meet certain criteria to qualify for LEOSA. They must have served a total of 10 or more years in law enforcement and separated from their service in good standing. They must also not be under the influence of any intoxicating substances and not be prohibited by federal law from receiving a firearm. In addition, they must possess a photographic identification issued by their former agency that confirms their employment as a LEO and indicates that they have met the necessary standards for qualification in firearms training. This identification must be renewed annually and may be subject to additional state requirements.

While LEOSA provides important protections for retired LEOs, it does not override all state and local laws regarding the possession of firearms. For example, school zones, government buildings, and private properties that prohibit concealed firearms are still off-limits. Retired LEOs must also be aware of variations in state interpretations and enforcement of LEOSA, as some states may have stricter views on certain provisions.

To mitigate potential risks and liabilities associated with carrying a concealed firearm, retired LEOs can consider obtaining specialised insurance, such as Federal Employee Professional Liability Insurance (FEPLI) with LEOSA liability coverage. This type of insurance can provide access to qualified legal defence in the event of a LEOSA-related incident, even if their actions were legal and justified.

By understanding the requirements and limitations of LEOSA, retired LEOs can ensure they remain compliant with the law while also having the necessary tools and resources to protect themselves and others.

There are insurance options available for LEOs that provide legal protection in the event of a firearm-related incident

Law enforcement officers (LEOs) can carry firearms for protection and to defend others when necessary. However, insurance is essential in case of any firearm-related incidents. The Law Enforcement Officers Safety Act (LEOSA), enacted in 2004, allows qualified active and retired law enforcement officers to carry concealed firearms almost anywhere in the US. While this act provides certain privileges, there are exceptions and grey areas. For instance, LEOSA doesn't override federal laws and policies that restrict carrying firearms in specific locations, such as federal buildings and airplanes.

Additionally, LEOSA has limitations and doesn't cover machine guns, destructive devices, or suppressors. It also doesn't supersede the rights of private entities or state/local governments to prohibit or restrict the possession of concealed firearms on their property. Furthermore, off-duty incidents involving firearms could be disastrous for LEOs' careers, even with LEOSA qualifications. Therefore, it's crucial to understand your rights, their limits, and explore options beyond LEOSA.

Specialized insurance policies like Federal Employee Professional Liability Insurance (FEPLI) can provide legal protection for LEOs. FEPLI policies with LEOSA liability coverage offer access to qualified legal defence for LEOSA-related acts, even if the officer's agency feels they acted beyond their authority. This type of insurance ensures that LEOs have legal resources at their disposal in the event of a firearm-related incident.

When choosing an insurance policy, it's essential to consider your specific needs and compare different options. Some key factors to look for include the ability to choose your attorney, receiving money upfront, and daily allowance during the trial. While CCW insurance is not mandatory, it provides essential protection against legal and financial risks associated with firearm use.

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