The information presented in this article is for discussion purposes only. It is not legal advice no actions should be taken based on it. You should consult with your department’s legal counsel for guidance.
The Federal Gun Free School Zones Act of 1995, Title 18 §922(q), does not provide an exemption for the off-duty possession of firearms on school grounds by police officers under the Law Enforcement Officers Safety Act.
It is a violation of federal law for an off-duty LEOSA-qualified sworn officer to carry a gun within a school zone, which is defined in §921(a)(25) as “in, or on the grounds of, a public, parochial or private school” or “within a distance of 1,000 feet from the grounds of a public, parochial or private school.”
This does not affect on-duty police officers. Section §922(q)(2)(B)(vi) allows firearm carry “by a law enforcement officer acting in his official capacity.”
It is also lawful for holders of concealed firearms licenses to possess firearms in school zones, as long as the license is issued by the state in which the school is located, and the licensee’s qualifications are verified by that state.
Further, this federal legislation does permit for the transport of unloaded firearms in locked containers within vehicles on school grounds, where not otherwise prohibited.
LEOSA supersedes most state and local laws regarding off-duty LEO carry, but it does not override federal laws, such as the GFSZA of 1995.
The penalties for violating the GFSZA are a fine, imprisonment for not more than five years, or both. Curiously, §924(a)(4) states that, despite the five year prison term, such a violation is considered misdemeanor for all other legal purposes.
By my read, we need an amendment to the GFSZA to rectify this situation. The recent changes to LEOSA do not cover it, nor do I think that LEOSA would be the proper legal place for such an exemption.
Simply put, if you are off-duty, armed under LEOSA only, and on, or in 1,000 feet of, school property, you are in violation of federal law. We may need to rethink that drop-off car line.
Make sure you check out my prior article on the recent improvements to LEOSA.
Don says
AZ allows for LEOSA to carry on and in public and private schools. Even if posted. Look it up.
Aaron says
Thanks for the information. Can you clarify if the includes “off-duty” carry. Most States and LEOSA allows “on-duty” officers to enter, but does not specifically authorize off-duty officers. I know in the midwest most States (minus Illinois) will consider sworn officers as “on-duty” no matter if they are technically on the job at the time or not.
J. D. Hoyt says
If it is allowed by Arizona Statute but not allowed by the U.S. Code, I would get SOUND legal advice before I carried there.
As a fellow Arizona lawman, you probably know that if a card holding medical marijuana user is driving a School Bus and possessing marijuana, last I heard is that there is no violation of Arizona law. That does not stop a Federal Officer from busting the same driver at the same time for possession of marijuana under Federal Law.
As a State Trooper, I also carried a Federal Commission and two Tribal Commissions in Indian Country. Even before LEOSA, it was nice having the Federal Commission just for the ability to carry.
If anyone is interested, I have an idea that I think would amount to giving ALL active and retired the ability to carry as an active Fed can do right now.
LEOSA NOT NECESSARY.
Don says
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03102.htm
See: #12
I subsection A
I subsection #3
N #4 and 5
Don says
LEOSA Does not necessarily mean retired. All police on or off duty and retired.
Don says
If you call AZ DPS They will tell you know because they don’t know. I went round and round with a State Senators aid and he showed me this. He said he was going to speak with DPS.
mds01 says
Has any retired or off-duty police officer been arrested for this violation? I have read the GFSZA act and I don’t see that it prohibits officers from carrying. The law specifically exempts people with licenses issued by the State. In California both CCW’s and Retired Officer CCW ID’s, are issued by local law enforcement agencies. California has no state issued CCW permit. I would think the intent of Congress when passing this law was that it exempt people who are properly licenses to carry a concealed firearm, whether they be retired cops or CCW holders.
Aaron says
I’m not positive if an officer has been arrested, but there are accounts of a Chief being told to disarm before coming into the school, and a reserve officer (fully sworn) who worked as a grounds keeper for a district being fired for having a pistol while working at the school.
LongPurple says
Short answer — YES.
Jim says
Reading hr 218 it indicates police or retired police officers cannot carry in or near schools. UNLESS they have a license from the state in which they live and the license is only good in that state. If you have a hr 218 permit and a state issued license it looks like you are not in violation. Of federal law this comes from hr 218 yes or no? I am confused. Thanks
Aaron says
Jim you are absolutely correct, and the new provisions of LEOSA do allow retired (as defined) and off-duty police officers to carry firearms on school grounds. The original posts were published in 2012 and since that time revisions have improved the language in LEOSA to correct the previous oversights, and to better clarify “retired” officers and include AMTRAK and other officers as well. Here is an article identifying some of those updates – https://www.bluesheepdog.com/improvements-law-enforcement-officers-safety-act/
Eric Market says
So off duty sworn law enforcement can’t carry firearms on or near school.grounds but a guy holding a laminated piece of paper can? Kinda backwards huh?
Aaron says
Eric this article was posted several years ago and pointed out several of the deficiencies in the original LEOSA law from 1995. Since that time amendments have been passed that allow on-duty, off-duty, and properly retired law enforcement officers to carry on school grounds. However, the Federal law states it does not overrule State laws so be sure to check what your local law allows. Personally we believe on-duty, off-duty and retired police officers should be exempt from local or state prohibitions and allowed to carry per LEOSA on school grounds. This only makes sense and allows the “good guy with a gun” to be prepared should a violent event unfold while they’re on campus.
Here’s the update article to LEOSA:
https://www.bluesheepdog.com/improvements-law-enforcement-officers-safety-act/
James says
If you carry a firearms license in the state in which your traveling you can travel through a school zone while being armed. BUT, no where does it say you can carry off duty on school grounds. The federal gun free school zone still prevails, and it reaches outwards of 1000 feet of school grounds, that needs to be changed. Be safe.
Aaron says
Great points James, and agree 100% about the need to change the Federal law. In my State the Legislature specifically exempted LE (on-duty, off-duty and retired who maintain annual certification) from the weapons prohibition on school grounds. Since it will most likely be State LE investigating any events on a local school grounds we should be good, but in a major event or questionable shooting the Feds may try to put the screws to a local officer.
Todd says
Aaron, you state “Since that time amendments have been passed that allow on-duty, off-duty, and properly retired law enforcement officers to carry on school grounds.”. Could you please tell me specifically where those amendments are located? I am looking for the federal statutes. Thanks.
Aaron says
Todd, I apologize for the confusion. On the Federal level there have been proposals to clean up LEOSA once again (and hopefully finally end this debate). The intent of the original LEOSA was very much in favor of allowing sworn officers the ability to carry firearms throughout the U.S., and with very few restrictions. It appears the Federal LEOSA statute has not cleared up the question of concealed carry of firearms on school grounds by off-duty or retired officers. LEOSA allows concealed carry by off-duty and retire officers, within the set restrictions of Federal buildings and not to supersede State law restrictions. Then there are still questions about how LEOSA and the Safe Schools Act work together. Most courts seem to be willing to read LEOSA liberally and with broad definitions, but this has come after the prosecution of officers for the very act of having firearms when otherwise prohibited to others. In the court cases (including restrictive States such as New York, New Jersey, and California), the courts ruled in favor of the officers over the prosecution.
However, many States have now accepted “Constitutional Carry” or other very permissive concealed carry laws. These newer permissive State laws have made it legal to carry concealed firearms (for anyone lawfully able to possess firearms) through a State-issued concealed carry permit, or in the case of a “Constitutional Carry” State – the lawful ability to carry concealed with no permit. With the State restrictions on concealed carry removed, LEOSA then provides the additional weight of authority for officers to carry concealed firearms on school grounds. The intent of LEOSA to provide more, not less, armed officers in public to counter criminal and terrorist threats.
So for instance, in my State the relevant statute exempts police officers from prohibitions from carrying concealed in public buildings, courthouses, and schools. My State is also a “Constitutional Carry” (no CCP required) State. There is no statute to prohibit concealed carry while off-duty or properly retired. So LEOSA kicks in and covers officers who carry concealed on school grounds.
It is a long, and laborious trip through Federal and State laws, but legal in my (and other) States. This may not be true in every State however. This is where LEOSA needs to be cleaned up even further, and definitively settle the matter once and for all across the entire nation.
Michael Fallon says
Two other changes, is allow retired LEOSA Officers to carry into school zones, and magazine capacity limits should not be required by those covered under LEOSA
Aaron says
Excellent points Michael!