LAW ENFORCEMENT OFFICERS' SAFETY ACT
HR-218 - the Law
Enforcement Officers' Safety Act signed by President Bush on
July 22, 2004 (now Public Law 108-277) authorized retired
L.E.O.'s to carry their firearms out of state. However,
since neither New York State nor NYPD provided the required
certification, our retirees could not qualify under the statute.
This was corrected when President Obama signed into law S-1132,
the Law Enforcement Officers' Safety Act Improvements Act (now
Public Law 110-272) which redefines the certification as
training standards "established by a law enforcement agency
within the state or those used by a certified firearms
instructor". For further info on this and other related
matters of importance please refer to the F.O.P webpage at:
HR-218 at FOP
NOTE: THE REQUIRED TRAINING AND
CERTIFICATION IS NOW OFFERED BY CERTIFIED LAW ENFORCEMENT
TACTICS, LLC (ARHP member Nelson Pagan, President). You
can contact him at telephone # 718-490-4598 or via email:
Ps: remember that the law only
provides an affirmative defense for possession of your
218 / L.E.O.S.A. UPDATE
HR 218; Law Enforcement Officers
Safety Act. This information is an excerpt article from the
publication called ‘THE CHEVRON’ – produced by the Retired
Sergeants’ Association, comprised of retired personnel from
“In spite of the foot dragging on the part of 1 P.P. (sic:
NYCPD HQ), many of you are now managing to qualify under the
provisions set forth in the Law Enforcement Officers
Safety Act. This means that more and more of us are
traveling throughout the country while legally carrying
firearms. Naturally, this increases the possibility of our
members having to use their firearm to defend themselves or
someone else. We hope and pray that you never need to use
your firearm. However should you find yourself in that
situation, we thought it a good idea to remind you of some
facts and make several recommendations.
First and foremost remember that LEOSA is not
a federal carry permit. It is an affirmative defense under
Second, and perhaps even more important, in
any incident; you are not a police officer, and therefore
not entitled to that benefit of the doubt.
As you travel to other jurisdictions, be
aware that every state has laws which allow you to defend
yourself against death or bodily harm. Each state is
different; some require that you retreat before using deadly
physical force. Wherever possible familiarize yourself
with the requirements of the state you are in.
Unfortunately this is not always practical. It is
therefore suggested that in all cases; whenever you
can retreat before having to resort to the use of deadly
physical force, do so.
We strongly recommend that you develop a
relationship with an attorney or purchase self defense
insurance. Policies are offered by both the NRA and FOP to
their members. Premiums are reasonable. Private insurers
also offer insurance.
Should an incident occur, and we sincerely
hope it never does, there are some things you need to be
Immediately call 911 to report the
Request an ambulance for the perp.
Hopefully your training has kicked in and you have preserved
you and your loved one’s physical safety.
Now your focus shifts to your liberty and
financial security. So your next call should be to a
lawyer or a 24 hour hot line number provided by your
Remember that when you speak to 911, the
calls are recorded. Prosecutors can and will use the
contents of the call. Therefore be brief.
Identify yourself, and your location. Describe yourself
and what you are wearing.
Briefly tell the operator that you shot a
person(s) who was trying to harm you, rob you, carjack you,
Avoid the impulse to give great detail.
Very often in the immediate aftermath of a traumatic
incident you may forget an important detail or add something
which may be used against you in a criminal or civil case.
You can’t take it back. The less said the better.
When the police arrive, PUT THE GUN DOWN.
Comply with their orders and instructions
without question. Do not argue with them. They know
neither what is going on nor who is who. If they handcuff
you submit without argument.
Do not become chatty.
Don’t try to avoid a night in jail by talking
Best to say that the person was trying to
harm you and you defended yourself. Inform them that you
will give a full statement after you have conferred with
Remember, how you are treated will depend
largely upon how zealous the individuals you deal with are,
and upon their degree of common sense or lack thereof.
Your firearm will most likely be
confiscated. It should be returned when the matter is
resolved in your favor.
In summary, have a lawyer and carry
Be prudent in the use of firearms.
Cooperate with investigating officers but be
brief and be represented by a