Law Enforcement Officers Safety Act

OIG Finally Implements Law

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OIG Finally Implements Law
September 8, 2005

USDA-OIG Bulletin M-05-3-3950, dated August 23, 2005, establishes procedures for procuring a retired law enforcement officer's credential pursuant to the Law Enforcement Officers Safety Act of 2004, 18 USC 926B-926C. Interested persons should submit a letter to Suzanne Murrin, AIG/PDRM, USDA OIG, 1400 Independence Ave, SW, Washington, DC 20250. In this letter, the individual will request an application for retired law enforcement officer credential. Upon receipt, the application and instructions will be mailed to the requestor. After the application has been completed, processed and approved, the credential will be sent to the individual who will then contact their respective state agency for firearms qualification. Retired agents must successfully complete the state firearms qualification before they can carry a concealed weapon.

The bulletin notes a couple of things.

  1. The Act does not convey any law enforcement authority.
  2. "There are no circumstances in which retired agents will be deemed to be acting within the scope of official government duties and, therefore, be eligible for representation by DOJ." In short, if something happens, you are on your own. Neither OIG nor DOJ is going to help you.
  3. "The Act does not override state laws that permit private persons or entities to prohibit possession of a concealed firearm on their property, or the possession of firearms on any State or local government property, installation, building, base or park."
  4. OIG-USDA will not provide firearm qualification testing for retired Special Agents nor reimburse retired agents for any costs associated with qualification.
  5. The Act does not authorize retired agents to carry firearms on a commercial airline.
  6. Persons with less than 15 years OIG-USDA service as a law enforcement officer will have to provide documentation of additional law enforcement service before a credential will be issued. Service as a law enforcement officer apparently is considered to be only that time the retiree served in a position with statutory arrest authority.