Professional Documents
Culture Documents
interstate or foreign commerce, subject indicates that the individual has, not Each affected component separately
to subsection (b). less recently than one year before the shall prepare and issue a photographic
(b) This section shall not be construed date the individual is carrying the identification card for qualified retired
to supersede or limit the laws of any concealed firearm, been tested or LEOs. Each such identification card
State that— otherwise found by the State to meet the shall, at a minimum, include the name
(1) Permit private persons or entities standards established by the State for of the individual, the individual’s
to prohibit or restrict the possession of training and qualification for active law photograph, an identification number
concealed firearms on their property; or enforcement officers to carry a firearm traceable to the bearer, the date the
(2) Prohibit or restrict the possession of the same type as the concealed employee retired in good standing from
of firearms on any State or local firearm. service with the issuing agency, and the
government property, installation, (e) As used in this section, the term phrase ‘‘Retired Law Enforcement
building, base, or park. ‘firearm’ does not include— Officer.’’
(c) As used in this section, the term (1) Any machinegun (as defined in Individual components shall not
‘‘qualified retired law enforcement section 5845 of the National Firearms themselves train or qualify retired
officer’’ means an individual who— Act); employees to carry a firearm, as
(1) Retired in good standing from authorized under the law. In order to be
(2) Any firearm silencer (as defined in
service with a public agency as a law authorized under the Act to carry a
section 921 of this title); and
enforcement officer, other than for firearm, a retired qualified LEO from a
(3) A destructive device (as defined in
reasons of mental instability; DOJ component must qualify pursuant
(2) Before such retirement, was section 921 of this title).’’
to 18 U.S.C. 926C(d)(2)(B), and in
authorized by law to engage in or 118 Stat. at 866–67.
accordance with state standards for
supervise the prevention, detection, Under these provisions, a person is a
active LEOs.
investigation, or prosecution of, or the retired qualified LEO under the Act if he It shall be within the discretion of the
incarceration of any person for, any or she (1) retired in good standing from employing agency to issue the retired
violation of law, and had statutory his or her employing agency (other than LEO credential called for under the Act.
powers of arrest; for reasons of mental instability); (2) Should the agency (1) make a finding
(3)(A) Before such retirement, was was authorized to perform the specified that the subject is not qualified, or (2)
regularly employed as a law law enforcement functions and held a enter into an agreement in which the
enforcement officer for an aggregate of position for which powers of arrest were subject agrees that he or she is not
15 years or more; or granted by statute; (3) was regularly qualified, the subject shall not be issued
(B) Retired from service with such employed as a law enforcement officer the retired LEO credential described
agency, after completing any applicable for an aggregate of 15 years or more above.
probationary period of such service, due before his or her retirement, or retired With respect to the Act’s limitation
to a service-connected disability, as from service with his or her agency that a qualified retired LEO ‘‘is not
determined by such agency; (after completing any applicable under the influence of alcohol or
(4) Has a nonforfeitable right to probationary period of such service) due another intoxicating or hallucinatory
benefits under the retirement plan of the to a service-connected disability as drug or substance,’’ each former
agency; determined by the agency; (4) has a non- Department employee seeking such
(5) During the most recent 12-month forfeitable right to retirement plan qualification annually must meet state
period, has met, at the expense of the benefits of the law enforcement agency; standards, if any, regarding alcohol or
individual, the State’s standards for (5) during the most recent year, has met drug use by law enforcement officers
training and qualification for active law state firearms training and qualifications authorized to carry a firearm.
enforcement officers to carry firearms; that are the same as the training and
(6) Is not under the influence of qualifications for active duty officers; (6)
[FR Doc. 05–4282 Filed 3–3–05; 8:45 am]
alcohol or another intoxicating or is not under the influence of alcohol or BILLING CODE 4410–20–P
hallucinatory drug or substance; and another intoxicating or hallucinatory
(7) Is not prohibited by Federal law
drug or substance; (7) is not prohibited DEPARTMENT OF JUSTICE
from receiving a firearm.
(d) The identification required by this by Federal law from receiving a firearm;
subsection is— (8) carries a photo identification issued Drug Enforcement Administration
(1) A photographic identification by the agency; and (9) meets an annual
issued by the agency from which the qualification requirement. Manufacturer of Controlled
individual retired from service as a law The Department considers the Substances Notice of Registration
enforcement officer that indicates that following components to be agencies
By Notice dated October 1, 2004, and
the individual has, not less recently whose retired employees may qualify as
published in the Federal Register on
than one year before the date the LEOs for purposes of the Act: the
October 29, 2004, (69 FR 63178),
individual is carrying the concealed Bureau of Alcohol, Tobacco, Firearms,
Cambrex North Brunswick Inc.,
firearm, been tested or otherwise found and Explosives; the Drug Enforcement
Technology Center of New Jersey, 661
by the agency to meet the standards Administration; the Federal Bureau of
Highway One, North Brunswick, New
established by the agency for training Investigation; the Federal Bureau of
Jersey 08902, made application by
and qualification for active law Prisons; the Office of Inspector General,
renewal to the Drug Enforcement
enforcement officers to carry a firearm insofar as the retiree exercised statutory
Administration (DEA) to be registered as
of the same type as the concealed law enforcement authority at the time of
a bulk manufacturer of the basic classes
firearm; or his retirement; and the United States
of controlled substances listed in
(2)(A) A photographic identification Marshals Service. As with current
Schedules I and II:
issued by the agency from which the employees, any particular retired
individual retired from service as a law employee of one of these components Drug Schedule
enforcement officer; and independently must meet each of the
(B) Certification issued by the State in specified statutory qualifications to N-Ethylamphetamine (1475) ........ I
which the individual resides that qualify as a retired LEO under the Act. Tetrahydrocannabinols (7370) ..... I
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10676 Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Notices
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