House Bill 218 is best known as the shorthand name for the Law Enforcement Officers Safety Act of 2004, the federal statute that lets qualified active and retired law enforcement officers carry a concealed firearm in any U.S. state, overriding most state and local concealed-carry restrictions. Signed by President George W. Bush on July 22, 2004, as Public Law 108-277, the law added two new sections to Title 18 of the U.S. Code: § 926B for active officers and § 926C for those who have separated from service.1EveryCRSReport.com. CRS Report RS224562GovInfo. H.R. 218, 108th Congress The same bill number has since been reused for unrelated federal and state legislation, so context matters when you see it referenced.
The problem LEOSA solved was practical. Officers who crossed state lines on the job, or simply on vacation, ran into a patchwork of local gun laws that could turn their everyday carry into a crime the moment they crossed a border. LEOSA replaced that patchwork with a single federal standard, though the standard comes with real limits and has produced twenty years of litigation.
Who Qualifies to Carry Under LEOSA
Active Officers
Under 18 U.S.C. § 926B, an active officer qualifies if they work for a government agency and are authorized to engage in law enforcement duties, including prevention, detection, investigation, prosecution, or incarceration. The officer must have statutory arrest powers, must be authorized by the agency to carry a firearm, must not be under disciplinary action, must meet the agency’s regular firearm qualification standard, must not be under the influence of alcohol or drugs, and must not be federally prohibited from possessing a firearm. Photographic agency identification has to be on the officer’s person.3San Diego County Sheriff. Law Enforcement Officers Safety Act (HR 218)
Retired and Separated Officers
The bar is higher for retirees under 18 U.S.C. § 926C. The person must have separated in good standing (and not for reasons of mental instability), must have had statutory arrest authority during service, and must have served an aggregate of at least ten years, unless they retired earlier because of a service-connected disability after completing probation. They cannot be federally prohibited from possessing firearms. And within the previous twelve months they must have met the active-duty firearm qualification standard set by their former agency, their state of residence, or a certified firearms instructor.3San Diego County Sheriff. Law Enforcement Officers Safety Act (HR 218)
A retired officer carries either one photographic credential from the former agency that shows both identity and current qualification, or two documents: a photo ID from the former agency plus a separate state-issued qualification certificate.4U.S. Department of State. LEOSA FAQs Qualification is at the retiree’s own expense, and the acceptable instructor depends on the state. Maryland, for instance, requires a firearms instructor certified by its Police and Correctional Training Commission.5Maryland State Police. Law Enforcement Officers Safety Act ID Card Pennsylvania requires the course approved by its Municipal Police Officers’ Education and Training Commission.6Pennsylvania MPOETC. Retired Law Enforcement Identification Act
What LEOSA Does Not Cover
LEOSA is broad, but it stops well short of a universal permit. It does not authorize carrying machine guns, silencers, or destructive devices.2GovInfo. H.R. 218, 108th Congress It does not override a private property owner’s right to ban concealed firearms, and it does not preempt state or local restrictions on carrying firearms on government property, installations, buildings, bases, or parks.7DHS. LEOSA Instruction Federal restrictions still apply in full, so LEOSA does not let anyone carry on a commercial aircraft or into a federal building.8FLETC. The Informer, July 2009
The Bureau of Alcohol, Tobacco, Firearms and Explosives has ruled that state and local magazine capacity limits still apply, because the statutory exemption covers firearms and ammunition but does not explicitly extend to magazines.9U.S. Concealed Carry Association. LEOSA (HR 218) And LEOSA confers no law enforcement authority on the carrier. A retired officer carrying under LEOSA is a private citizen for legal purposes, with no arrest power, no investigative authority, and none of the liability protections that cover on-duty officers.8FLETC. The Informer, July 2009
How Congress Has Amended LEOSA
Two amendments have reshaped LEOSA since 2004.
The LEOSA Improvements Act of 2010 cut the aggregate service requirement for retired officers from fifteen years to ten, replaced “retirement” with the broader “separated from service,” dropped the requirement that retirees have a nonforfeitable right to retirement benefits, and expanded coverage to Amtrak Police and Federal Reserve Police. The 2010 amendment also clarified that LEOSA’s definition of “ammunition” covers types not banned by the National Firearms Act, a provision aimed at exempting officers from state hollow-point bans like New Jersey’s.10Air Force Office of Special Investigations. AFOSI LEOSA Policy Change
Section 1089 of the National Defense Authorization Act for Fiscal Year 2013 clarified that military police and federal civilian police officers fell within LEOSA’s definitions and expanded the “powers of arrest” element to include authority to apprehend suspects under the Uniform Code of Military Justice.10Air Force Office of Special Investigations. AFOSI LEOSA Policy Change
The Court Fights That Have Defined LEOSA
New Jersey and the Third Circuit
No state has resisted LEOSA more than New Jersey. Its Retired Police Officer permitting law required a state permit, semi-annual (rather than annual) qualification, banned hollow-point ammunition, capped eligibility at age 75, and charged fees.11Fraternal Order of Police. Statement of Interest of the United States, FLEOA v. Grewal The New Jersey Attorney General’s office maintained for years that LEOSA did not let retired officers residing in the state bypass those requirements.12U.S. Court of Appeals, Third Circuit. FLEOA v. Attorney General New Jersey
The Federal Law Enforcement Officers Association and the New Jersey Fraternal Order of Police sued in 2020. A federal district court granted them summary judgment in June 2022, declaring that LEOSA preempts the state law as applied to any qualified retired officer with LEOSA-compliant identification, hollow-point ammunition included.13Police1. Third Circuit Affirms New Jersey Laws Violate LEOSA12U.S. Court of Appeals, Third Circuit. FLEOA v. Attorney General New Jersey14New York State FOP. Court of Appeals Affirms FLEOA-NFOP Victory
Who Counts as a “Law Enforcement Officer”
In DuBerry v. District of Columbia (D.C. Cir. 2016), retired D.C. and Maryland prison guards had been told they lacked “law enforcement status” for LEOSA purposes. The D.C. Circuit reversed, reading the statutory definition broadly enough to include people who supervise or engage in incarceration, and treating authority to arrest parole violators as a qualifying “power of arrest.”15Prison Legal News. Former Prison Guards Win Right to Carry Firearms
A Circuit Split on § 1983
Federal courts do not agree on whether LEOSA creates a right an officer can enforce through 42 U.S.C. § 1983. The D.C. Circuit and the Third Circuit say yes. The Fourth Circuit, in Carey v. Throwe (2020), said no, reasoning that LEOSA’s use of “may” is permissive and does not create an enforceable right.12U.S. Court of Appeals, Third Circuit. FLEOA v. Attorney General New Jersey The practical effect: whether you can sue to enforce LEOSA depends on which circuit you live in.
The LEOSA Reform Act Pending in Congress
Congress is considering an expansion of LEOSA through H.R. 2243 and its Senate companion S. 679, together called the LEOSA Reform Act.16Congress.gov. S. 679, LEOSA Reform Act If enacted, the bill would:
- Exempt LEOSA carriers from state and local magazine capacity limits, closing the gap ATF identified.17Fraternal Order of Police. House Passes HR 2243
- Allow carry in lower-security federal facilities including post offices, Social Security Administration offices, and Veterans Affairs offices, without requiring the officer to be acting in an official capacity.18Fraternal Order of Police. LEOSA Reform Act Analysis
- Add a LEOSA exemption to the Gun-Free School Zones Act.18Fraternal Order of Police. LEOSA Reform Act Analysis
- Extend coverage to national parks and public property.18Fraternal Order of Police. LEOSA Reform Act Analysis
- Let states extend the retiree recertification window from twelve months to as long as thirty-six.17Fraternal Order of Police. House Passes HR 2243
The House Judiciary Committee reported H.R. 2243 favorably on March 25, 2025, on a 13-11 vote.19Fraternal Order of Police. LEOSA Reform Act Passes House Committee The House approved the rule for floor consideration on May 14, 2025, by 216 to 203.20House Rules Committee. H.R. 2243 A similar version passed the House 221-185 in the previous Congress but did not advance in the Senate.18Fraternal Order of Police. LEOSA Reform Act Analysis
Other Bills That Share the “House Bill 218” Number
Because bill numbers reset each session and are reused across legislatures, several unrelated measures also carry the “HB 218” label. If your question is about one of these rather than LEOSA, the summaries below point you in the right direction.
H.R. 218 in the 119th Congress: State Immigration Enforcement Act
In the 119th Congress, H.R. 218 is the State Immigration Enforcement Act, introduced January 7, 2025, by Representative Andy Biggs of Arizona. It would authorize state and local governments to enact and enforce laws penalizing conduct already prohibited under federal immigration law, capping state penalties at federal levels, and would revoke the federal preemption that keeps states from imposing their own civil or criminal penalties on employers who hire unauthorized workers.21Congress.gov. H.R. 218, State Immigration Enforcement Act Cosponsors include Representatives Nancy Mace and Anna Paulina Luna.22Congress.gov. H.R. 218 Text As of mid-2026, the bill is still in the House Judiciary Committee with no hearings or votes recorded.
Ohio HB 218 (135th General Assembly)
Ohio’s HB 218 in the 135th General Assembly would repeal Section 9.68 of the Ohio Revised Code, the state’s firearms preemption law in effect since 2007, which blocks local governments from enacting their own firearms regulations.23Giffords Law Center. Preemption of Local Laws in Ohio24Ohio Legislature. Ohio HB 21825Ohio House of Representatives. HB 218
North Carolina HB 218 (2025)
North Carolina’s HB 218, introduced February 2025, would require the state Division of Motor Vehicles to include an optional emergency contact field on driver’s license applications and renewals. Sponsored by Representatives Carson Smith, B. Jones, and Johnson, it was referred to the Judiciary 1 and Transportation committees and would take effect October 1, 2026, if enacted.26North Carolina General Assembly. North Carolina House Bill 218, Session 2025