International Association of Directors of Law Enforcement Standards and Training

Newsletter Vol. 16 – No. 1 (January 2005)

 

Page 10 -- Business Meeting Minutes, Nov. 13-14, 2004

Issue #5 – President’s Report

Law Enforcement Officer Safety Act of 2004 (H.R. 218)

 

On July 22, 2004 President George W. Bush signed into law the Law Enforcement Officer Safety Act of 2004. This law allows qualified active (on- or -off-duty) and honorably retired law enforcement officers to carry their concealed firearms nationwide.

 

Discussion centered on what impact the new law will have on the P.O.S.T. agencies. Specifically, what responsibilities do P.O.S.T. agencies have to establish policies and procedures or standards and qualifications for individuals residing in a state different from that state which the officer retired?

 

There were three prevailing views:

 

(1)  The employing law enforcement agency had the sole responsibility to establish policies and procedures to regulate their officers and retires. The P.O.S.T. agenc[ies] and not obligated to establish new policies and regulate if the [state] had none.

 

(2)  The P.O.S.T. organizations can accept the responsibility to establish policies, regulation and identification only for retired officer[s] residing in their state who retired from departments outside the state.

 

(3)  Some states reported that there appears to be an expectation that the respective P.O.S.T. agency should assume the responsibility to regulate all retirees regardless of the department from which they retired.