Retired Officers Concealed Carry Information
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The Law Enforcement Officers Safety Act of 2004 permits certain eligible retired law enforcement officers the right to carry a concealed weapon throughout the United States. The Department is providing you with the following information so you can determine whether you are covered under this law and to give you additional information about the law.
RCW 36.28A.090 Firearms certificates for qualified retired law enforcement officers.
Who is an eligible retiree under this law?
- Retired in good standing as a law enforcement officer
- Retired for a reason other than mental instability
- Before retirement was employed as a law enforcement officer for 15 years or more or retired due to a service-connected disability
- Has a non-forfeitable right to retirement benefits
Other requirements for a retiree to be covered by the law:
- Retired officer cannot be under the influence of alcohol or other intoxicating or hallucinatory drug or substance while carrying the weapon.
- The retiree cannot be prohibited by Federal law from having a firearm.
- During the past 12 months, the retiree has, at his or her own cost, met the standards for training and qualification for active law enforcement officers 1 to carry a firearm.
For retirees who live in Washington, this is the standard CJTC (website) uses to issue law enforcement certification for new or lateral police officers. If you do not live in Washington, you must qualify to the standard of the state where you live.
- The retired officer must carry the following items:
- Photo ID issued by the department from which you retired.
- A certification issued by an appropriate entity in the state where you reside that you have been tested to meet the standards established by the state for active law enforcement officers to carry a firearm.
This certification must indicate the type of firearm on which you qualified. You can obtain this certificate from any certified instructor (public or private).
What does the law permit?
- It allows retired officers to carry concealed firearms throughout the nation without having to obtain permits to carry from each state.
What is not included in this law?
- The law does not allow you to fly armed.
- The law does not give you any law enforcement authority.
- The law does not allow you to possess a weapon in any place where there is a local law that prohibits or restricts possession of a concealed weapon - for example certain government buildings, parks, schools, courthouse, jails etc. Learn the firearms laws of any state where you will be traveling with your weapon.
1 The qualification standard is the Basic Handgun Proficiency Course for certification through the Criminal Justice Training Commission for both the Basic Law Enforcement Academy and Equivalency Academy. A copy of that standard is attached to this memo.
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Firearms certificates for qualified retired law enforcement officers.
(1) The purpose of this section is to establish a process for issuing firearms certificates to residents of Washington who are qualified retired law enforcement officers for the purpose of satisfying the certification requirements contained in the federal law enforcement officers safety act of 2004 (118 Stat. 865; 18 U.S.C. Sec. 926B and 926C).
(2) The Washington association of sheriffs and police chiefs shall develop a firearms certificate form to be used by local law enforcement agencies when issuing firearms certificates to retired law enforcement officers under this section.
(3) A retired law enforcement officer who is a resident of Washington may apply for a firearms certificate with a local law enforcement agency. The local law enforcement agency may issue the firearms certificate to a retired law enforcement officer if the officer:
(a) Has been qualified or otherwise found to meet the standards established by the criminal justice training commission for firearms qualifications for active law enforcement officers in the state; and
(b) Has undergone the same background check as required under RCW 9.41.070 and is not ineligible to possess a firearm under RCW 9.41.040 or 9.41.045.
(4) The qualification required under [subsection] (3)(a) of this section may be performed by the local law enforcement agency or by an individual or entity certified to provide firearms training.
(5) The firearms certificate is valid for a period of one year. An applicant for the firearms certificate shall pay a fee of thirty-six dollars, plus additional charges imposed by the federal bureau of investigation that are passed on to the applicant. The fee shall be distributed in the same manner as the fee for a concealed pistol license under RCW 9.41.070. The retired law enforcement officer is also responsible for paying the costs of the firearms qualification required under [subsection] (3)(a) of this section.
[2006 c 40 § 1.]