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Badge Laws

NOTICE TO ALL BADGE COLLECTORS!!

A new Federal Law (HR 4827, Law #106-547), pertaining to badge possession, collecting, and use went into effect on 12/19/2000. The text of the law is below:

ENHANCED FEDERAL SECURITY ACT OF 2000
Sec, 716. Police badges (a) Whoever--- (1) knowingly transfers, transports, or receives in interstate of foreign commerce, a counterfeit police badge (2) knowingly transfers, in interstate or foreign commerce, a genuine police badge to an individual, knowing such is not authorized to possess it under the laws of the place in which the badge is the official badge of the Police; (3) knowingly receives a genuine police badge in a transfer prohibited by paragraph (2); or (4) being a person not authorized to possess a genuine police badge under the law of the place in which the badge is the official badge of the police, knowingly transports a badge in interstate or foreign commerce, shall be fined under this title or imprisoned not more than 6 months or both. (b) It is a defense to the prosecution under this section if the badge is used or intended to be used for exclusively--- (1) as a memento, or in a collection or exhibit; (2) for decorative purposes; (3) for a dramatic presentation, such as a theater, film, or television production; or (4) for any other recreational purpose. (c) As used in this section- (1) the term 'genuine police badge' means an official badge issued by public authority to identify an individual as a law enforcement office having police powers; and (2) the term 'counterfeit police badge' means a badge that so resembles a police badge that it would deceive an ordinary individual into being it was a genuine police badge.

In our catalog this law affects only badge numbers M-34, M-35, M-36, M-140, M-141, M-143, and M-144. Please be advised that you must agree to federal law #106-547 in order to purchase one of these badges. Please do so by acknowledging the acceptance form during checkout. NOTE! NIC will not ship one of the above named badges to its state of origin!

BADGE LAW H.R. 218 FOR LAW OFFICERS

On July 22, 2004 President George W. Bush signed H.R. 218, the "Law Enforcement Officers' Safety Act," into law. The Act, now Public Law 108-277, went into effect immediately. The bill exempts qualified active and retired law enforcement officers from local and State prohibitions on the carrying of concealed firearms.

Who is eligible to carry concealed firearms under this legislation?

Qualified law enforcement officers employed by or retired from a local, State or Federal law enforcement agency.

A "qualified active law enforcement officer" is defined as an employee of a government agency who:

  • is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;
  • has statutory powers of arrest
  • is authorized by the agency to carry a firearm;
  • is not the subject of any disciplinary action by the agency
  • meets the standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
  • is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
  • is not prohibited by Federal law from possessing a firearm.

Qualified active law enforcement officers must carry the photographic identification issued by the agency for which they are employed.

If you are an active duty law enforcement officer with any local, State or Federal governmental agency and you meet all of the requirements above, you may carry a concealed firearm under the provisions set out in the law.

A "qualified retired law enforcement officer" is defined as an individual who:

  • has retired in good standing from service with a government agency as a law enforcement officer for an aggregate of fifteen (15) years or more for reasons other than mental instability, or retired from such an agency due to a service-connected disability after completing any applicable probationary period of such service;
  • was authorized by law to engage in or supervise the prevention, detection, investigation, prosecution or the incarceration of any person for any violation of law;
  • had statutory powers of arrest;
  • has a nonforfeitable right to benefits under the retirement plan of the agency for which he was employed
  • meets, at his own expense, the same standards of qualification with a firearm as an active officer within the State in which he resides;
  • is not under the influence of alcohol or another intoxication or hallucinatory drug or substance; and
  • is not prohibited by Federal law from possessing a firearm
Qualified retired law enforcement officers must carry the photographic identification issued by the agency for which they were employed and documentation which certifies that they have met, within the most recent twelve month period, the active duty law enforcement standards for qualification for a firearm of the same type as the one they intend to carry. This document must be issued by the retired officer's former agency or from the State in which he lives.

Please note that the definition of "firearm" specifically excludes machine guns, silencers, explosives or other destructive devices as these terms are defined in Federal law.

Is the exemption provided by the law total-can I now carry anywhere at any time?

The new law exempts all qualified active and retired law enforcement officers from State and local laws with respect to the carrying of concealed firearms. These officers are not exempt from Federal law or regulation, which governs the carriage of firearms onto aircraft, Federal buildings, Federal property, and national parks.

In addition, State (not local) laws which prohibit the carriage of firearms onto State or local government property and State (not local) laws which allow private entities to prohibit firearms on their private property would still apply to qualified active and retired law enforcement officers.

My former agency and/or my State is not familiar with the new law and they have no procedure in place to qualify me and issue me the required document stating that I have met the active duty law enforcement standards for qualification with the firearm I intend to carry. What should I do?

Though the law went into effect on 22 July, many States and/or agencies still have not yet fully acquainted themselves with its effects, nor considered how they can or will qualify retired officers.

We recommend that retired members first check with their former agencies, if they live close enough to them to make it practicable, to see what options might be available. Next, we recommend that retired officers contact the State Attorney General, the State Police, or whatever State agency has the authority over law enforcement officer standards and training to learn the latest information on how the States are going to qualify retired officers.

Does this bill allow me to carry a firearm on an airplane?

No. This legislation exempts qualified active and retired law enforcement officers from State and local laws regarding the carrying of concealed firearms. The carriage of firearms on aircraft is regulated by other Federal statutes and airline policy.


Licensing and Arrest Authority of Bounty Hunters

Check out http://bountyhunters.uslegal.com for the information you need on bounting hunting with USLegal.com's state by state listing




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