office of the attorney general Washington, DC:. 20530 

J a n u a r y 31, 2005 

MEMORANDUM FOR THE DIRECTOR, BUREAU OF ALCOHOL, TOBACCO, 

FIREARMS, AND EXPLOSIVES 

THE ADMINISTRATOR, DRUG ENFORCEMENT 

ADMINISTRATION 

THE DIRECTOR, FEDERAL BUREAU OF INVESTIGATION 

THE DIRECTOR, FEDERAL BUREAU OF PRISONS THE 

INSPECTOR GENERAL 

THE DIRECTOR, UNITED STATES MARSHALS SERVICE 

FROM: THE ATTORNEY GENERAL 

SUBJECT: GUIDANCE ON THE APPLICATION OF THE 

LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2004 

TO CURRENT AND RETIRED DEPARTMENT OF 

JUSTICE LAW ENFORCEMENT OFFICERS

On July 22, 2004, Congress passed and the President signed the Law Enforcement 

Officers Safety Act of 2004 (the "Act"), Pub. L. No. 108-277, 118 Stat. 865 (2004), 

codified at 18 U.S.C. §§ 926B and 926C. With certain limitations and conditions, the Act 

exempts active and retired "qualified law enforcement officers" ("qualified LEOs") from 

state laws and local ordinances prohibiting the carrying of concealed weapons. The Act 

does not purport to affect any state or local laws and ordinances that permit restrictions of 

concealed firearms on private property or any such laws that restrict the possession of 

firearms on any State or local government property, installation, building, base, or park. 

This memorandum outlines the Act's application to current and retired 

Department of Justice LEOs. The Department recognizes that individuals who meet the 

definition of a qualified LEO under the Act may or may not meet the definition of an 

LEO under the Civil Service Retirement System or the Federal Employee Retirement 

System. The guidance set forth below is not intended to and does not create any rights, 

privileges, or benefits, substantive or procedural, enforceable by any party against the 

United States, its departments, agencies, or other entities, its officers or employees, or 

any other person. Nothing in the Act or this memorandum impairs or otherwise affects 

the right of an individual to keep and bear arms under the Second Amendment to the 

Constitution of the United States. 
Memorandum for Directors for ATF, BOP, FBI, USMS; Page 2 

Administrator of DEA; Inspector General 

Subject: Guidance on the Application of the Law Enforcement Officers Safety Act of 2004 

to Current and Retired Department of Justice Law Enforcement Officers

The Act's Application to Current Department Law Enforcement Officers 

With respect to current law enforcement officers, the Act provides as follows: 

"(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;

(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." 

118 Stat. at 865-66. 

As these provisions make clear, an active qualified LEO under the Act is a current 

government agency employee who (1) is authorized to perform the specified law 

enforcement functions and holds a position for which powers of arrest are granted by 

statute; (2) is authorized to carry a firearm by the agency for which he or she works; (3) is 

not the subject of disciplinary action; (4) meets any standards set by the employing 
Memorandum for Directors for ATF, BOP, FBI, USMS; Page 3 

Administrator of DEA; Inspector General 

Subject: Guidance on the Application of the Law Enforcement Officers Safety Act of

2004 to Current and Retired Department of Justice Law Enforcement Officers

agency that require the employee to regularly qualify in the use of a firearm; (5) is not 

under the influence of alcohol or another intoxicating or hallucinatory drug or substance; 

(6) is not prohibited by Federal law from receiving a firearm; and (7) carries a photo 

identification issued by the agency. For purposes of the last factor, the Department 

considers a current, valid "U.S. Government Employee" photographic identification card 

or a Department-issued credential to constitute "the photographic identification issued by the

governmental agency for which the individual is employed as a law enforcement officer." 

Should any questions arise concerning the application of these qualification provisions, the

determination made by the head of the relevant Department component or his designee shall

be subject to review by the Deputy Attorney General. 

The Act has no effect on the requirement of any Department law enforcement 

components that agents or officers carry a firearm at all times. Similarly, any 

component's regulations or procedures with respect to on-duty agents or officers will 

continue to be in effect. Those requirements, regulations, and procedures separately 

remain in effect, notwithstanding any provision of the Act. 

It is important to note that the Act does not supersede existing agency regulations or

policies limiting, restricting, conditioning, or otherwise affecting the carrying of 

concealed firearms. The Act does preempt and supersede inconsistent state laws and local 

ordinances, whether criminal or civil. It does not prohibit any component from taking any 

appropriate disciplinary action for any violation of its existing regulations or policies. 

The Department considers the following components to be agencies whose 

current employees may qualify as LEOs for purposes of the Act: the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives; the Drug Enforcement Administration; the Federal 

Bureau of Investigation; the Federal Bureau of Prisons; the Office of the Inspector 

General; and the United States Marshals Service. Of course, any particular employee of 

one of these components independently must meet each of the specified statutory 

qualifications to qualify as an LEO under the Act. 

II. The Act's Application to Retired Department Law Enforcement Officers 

With respect to retired law enforcement officers, the Act provides as follows: 

"(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). 
Memorandum for Directors for ATF, BOP, FBI, USMS; Page 4 

Administrator of DEA; Inspector General 

Subject: Guidance on the Application of the Law Enforcement Officers Safety Act of

2004 to Current and Retired Department of Justice Law Enforcement Officers

(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
Memorandum for Directors for ATF, BOP, FBI, USMS; Page 5 

Administrator of DEA; Inspector General 

Subject: Guidance on the Application of the Law Enforcement Officers Safety Act of

2004 to Current and Retired Department of Justice Law Enforcement Officers

(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)." 

118 Stat. at 866-67. 

Under these provisions, a person is a retired qualified LEO under the Act if he or 

she (1) retired in good standing from his or her employing agency (other than for reasons of

mental instability); (2) was authorized to perform the specified law enforcement functions

and held a position for which powers of arrest were granted by statute; (3) was regularly

employed as a law enforcement officer for an aggregate of 15 years or more before his or 

her retirement, or retired from service with his or her agency (after completing any 

applicable probationary period of such service) due to a service-connected disability as 

determined by the agency; (4) has a non-forfeitable right to retirement plan benefits of the 

law enforcement agency; (5) during the most recent year, has met state firearms training 

and qualifications that are the same as the training and qualifications for active duty 

officers; (6) is not under the influence of alcohol or another intoxicating or hallucinatory

drug or substance; (7) is not prohibited by Federal law from receiving a firearm; (8) carries 

a photo identification issued by the agency; and (9) meets an annual qualification 

requirement. 

The Department considers the following components to be agencies whose retired 

employees may qualify as LEOs for purposes of the Act: the Bureau of Alcohol, Tobacco, 

Firearms, and Explosives; the Drug Enforcement Administration; the Federal Bureau of

Investigation; the Federal Bureau of Prisons; the Office of Inspector General, insofar as 

the retiree exercised statutory law enforcement authority at the time of his retirement; and 

the United States Marshals Service. As with current employees, any particular retired

employee of one of these components independently must meet each of the specified

statutory qualifications to qualify as a retired LEO under the Act. 

Each affected component separately shall prepare and issue a photographic 

identification card for qualified retired LEOs. Each such identification card shall, at a 
Memorandum for Directors for ATF, BOP, FBI, USMS; Page 6 

Administrator of DEA; Inspector General 

Subject: Guidance on the Application of the Law Enforcement Officers Safety Act of

2004 to Current and Retired Department of Justice Law Enforcement Officers

minimum, include the name of the individual, the individual's photograph, an 

identification number traceable to the bearer, the date the employee retired in good 

standing from service with the issuing agency, and the phrase "Retired Law Enforcement 

Officer." 

Individual components shall not themselves train or qualify retired employees to 

carry a firearm, as authorized under the law. In order to be authorized under the Act to 

carry a firearm, a retired qualified LEO from a DOJ component must qualify pursuant to 18

U.S.C. § 926C(d)(2)(B), and in accordance with state standards for active LEOs. 

It shall be within the discretion of the employing agency to issue the retired LEO 

credential called for under the Act. Should the agency (1) make a finding that the subject is 

not qualified, or (2) enter into an agreement in which the subject agrees that he or she is 

not qualified, the subject shall not be issued the retired LEO credential described above. 

With respect to the Act's limitation that a qualified retired LEO "is not under the 

influence of alcohol or another intoxicating or hallucinatory drug or substance," each 

former Department employee seeking such qualification annually must meet state 

standards, if any, regarding alcohol or drug use by law enforcement officers authorized to 

carry a firearm.