Off Duty Carry on Military Post

[law_n_4_zer]

Got a question, I am currently in the academy and was wondering what the policies as a leo when going on a military post both on and off duty. More specifically off duty because if you are conducting business on a military post I don't see how they would stop you from carring. I guess the jist of the question is as and off duty LEO can you carry on a miltary post and if so does it matter if you carry openly or CC. I am military dependent and go on post at least 3 times a week and was wondering what type of issues I may run into after I get through the academy.

[NiK]

I hope I'm not being condescending, but the obvious answer is to check with the provost marshall. I'm going to guess "no", because post regulations in general only seem to support the carrying of weapons in an official capacity.

[law_n_4_zer]

I will go to the MP's after I get my commission. I have just heard alot of things dealing with the DOD gate guards where they try to tell officers on duty in squad cars that they have to get passes and register there weapons on post when they are conducting business. I was just asking on here to see if I coulld get an easy answer. Trust me I will cover all angles before I do anything once I get done with the academy

[03RangerXLT]

where I am goign to be working, after a yr when you become a "papered" LEO, you get an ID card saying you can carry anywhere inside of the USA. I don't know how it applies to the military posts though.

[SpareParts08]

I live on base and keep my guns in my quarters. There is a thick packet of base regulations regarding storage and transportation of firearms. As far as concealed carry, I cannot carry on base. My CHP is good for this state (Oklahoma), but I must stop, unload, and secure my XD in a locked container or with a trigger/cable lock before entering the gate. I must also have my base registration with me. Per the base Commanding Officer's order: No concealed carry. I'm not sure who he is, but I don't think he is concerned if someone is an off-duty officer. It is federal property and it is his property. As far as on-duty officers on base, I really don't know. I believe at other bases, it will be up to the base COs, and I can't remember ever having heard of bases that allow concealed carry. Hope this helps.

[law_n_4_zer]

Thanks for the replies everyone, keep them coming. I live off post and carry weapons on and off post right now to go to the POW range to practice. This is not an issue as long as they are unloaded and I have them registered on post. I guess my best bet is going to have to go to the MP station and ask them as bluntly as possible what the policy is for off duty LEO's. Thanks everyone again and if anyone has any more details on this it would be much appreciated.

[Mike TRT]

Ive carried off duty on military bases a lot, but always concealed.....dont know if I was supposed to or not......but then again I carry everywhere and its always concealed....even in federal court and state court, too many stories of inmates overpowering court guards and doing some shooting, so I just keep it concealed, and nobody knows except me......

[XDfan]

It's been a few years since I worked in law enforcement, but I worked at the Great Lakes Natval Training Station and I was able to carry off duty on the base. On duty I had to carry the weapon issued me (a Ruger Service-Six .38 loaded with 200-gr. RN ammo) but on my own time I carried a Smith & Wesson 4506 (Glocks & XD's weren't even around then). I had the situation of being better armed off duty than on.

[Tercel89]

i have been a LEO for 9 yrs and live here beside Ft.Campbell Ky . I just always keep my Police ID card on me and my gun concealed and dont say a thing. A year or so ago , Bush made a thing to where us Officers can carry our weapons in any state and anywhere in the U.S. .So to me that is an okay to go ahead . I keep a copy of it in my patrol car for reference if the MP's give me **** !

[Sharkbait]

Originally Posted by Tercel89

i have been a LEO for 9 yrs and live here beside Ft.Campbell Ky . I just always keep my Police ID card on me and my gun concealed and dont say a thing. A year or so ago , Bush made a thing to where us Officers can carry our weapons in any state and anywhere in the U.S. .So to me that is an okay to go ahead . I keep a copy of it in my patrol car for reference if the MP's give me **** !

You better read the bold print...

H. R. 218
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To amend title 18, United States Code, to exempt qualified current and former
law enforcement officers from State laws prohibiting the carrying of concealed
handguns.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Law Enforcement Officers Safety
Act of 2004’’.
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS
FROM STATE LAWS PROHIBITING THE CARRYING OF
CONCEALED FIREARMS.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code,
is amended by inserting after section 926A the following:
‘‘§ 926B. Carrying of concealed firearms by qualified 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 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 law enforcement
officer’ means an employee of a governmental agency who—
‘‘(1) 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 has
statutory powers of arrest;
‘‘(2) is authorized by the agency to carry a firearm;
‘‘(3) is not the subject of any disciplinary action by the
agency;
‘‘(4) meets standards, if any, established by the agency
which require the employee to regularly qualify in the use
of a firearm;
H. R. 218—2
‘‘(5) is not under the influence of alcohol or another intoxicating
or hallucinatory drug or substance; and
‘‘(6) is not prohibited by Federal law from receiving a
firearm.
‘‘(d) The identification required by this subsection is the photographic
identification issued by the governmental agency for which
the individual is employed as a law enforcement officer.
‘‘(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);
‘‘(2) any firearm silencer (as defined in section 921 of this
title); and
‘‘(3) any destructive device (as defined in section 921 of
this title).’’.
(b) CLERICAL AMENDMENT.—The table of sections for such
chapter is amended by inserting after the item relating to section
926A the following:
‘‘926B. Carrying of concealed firearms by qualified law enforcement officers.’’.
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS
FROM STATE LAWS PROHIBITING THE CARRYING
OF CONCEALED FIREARMS.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code,
is further amended by inserting after section 926B the following:
‘‘§ 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;
H. R. 218—3
‘‘(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);
‘‘(2) any firearm silencer (as defined in section 921 of this
title); and
‘‘(3) a destructive device (as defined in section 921 of this
title).’’.
(b) CLERICAL AMENDMENT.—The table of sections for such
chapter is further amended by inserting after the item relating
to section 926B the following:
‘‘926C. Carrying of concealed firearms by qualified retired law enforcement officers.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.