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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Are the Military Police officers covered under HR 218 as it

Resolved Question:

Are the Military Police officers covered under HR 218 as it pertains to Retired police officers carrying a concealed weapon. If I ( we) meet all other requirements I am under the impression that we do meet the requirements and indeed are covered, but like all laws there are mixed opinions.
Submitted: 5 years ago.
Category: Military Law
Expert:  P. Simmons replied 5 years ago.
is this federal law? Do you have a link to the text?

Customer: replied 5 years ago.
HR 218 is a feberal law and if you google it it will come up . Additionally HR 2726 which I believe is still in the house amends HR 218 so it is more clear to the layman. Like I said I meet the qual according to the law and have maintained my weapons cert , but I can not get a clear answer.
Expert:  P. Simmons replied 5 years ago.
OK

Here is the federal law that is current. If the HR passed, it is reflected in the current law


18 USCS § 926C

§ 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) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;
   (2) before such retirement, 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;
   (3) (A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or
      (B) retired 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) has a nonforfeitable right to benefits under the retirement plan of the agency;
   (5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;
   (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 retired from service as a law enforcement officer that 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 standards established by the agency for training and qualification for active law enforcement officers 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 retired from service as a law enforcement officer; and
      (B) a certification issued by the State in which the individual resides that 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 State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

(e) As used in this section, the term "firearm" does not include--
   (1) any machinegun (as defined in section 5845 of the National Firearms Act [26 USCS § 5845]);
   (2) any firearm silencer (as defined in section 921 of this title [18 USCS § 921]); and
   (3) a destructive device (as defined in section 921 of this title [18 USCS § 921]).'.






Here is the section that is most important to understand

(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.


SO, state law will trump here


Aside from this, if you qualify, the law seems clear to me, you qualify









Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.




P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26163
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks for you reply Sir! It is a very clear answer to me as well. May you have a safe and rewarding 2009 for both you and your family.

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