AUTHORITY: 10 U.S.C. 5013 Secretary of the Navy; 10 U.S.C. 5041Headquarters, Marine Corps function, composition; 18 U.S.C. 922 Unlawful Acts; 18 U.S.C. 926B and 926C Carrying of concealed firearms by qualified retired law enforcement officers; DoD Instruction 5525.12 Implementation of the Law Enforcement Officers Safety Act of 2004 (LEOSA); and E.O.9397 (SSN), as amended. SORN NM05580-2, Security Incident System: http://dpcld.defense.gov/Privacy/SORNsIndex/DOD-wide-SORN-Article-View/Article/570445/nm05580-2/
PURPOSE: To determine eligibility of requesters and process applications for DON law-enforcement credentials. The applicant's Social Security Number is solicited solely for the purpose of validating identity.
ROUTINE USE(S): Information will be disclosed to law enforcement authorities and administrative support staff assigned to the issuing agency with a need to know in order to verify Title 18, Section 926B and 926C eligibility requirements and process applications. Additionally, the answers and any information resulting therefrom may be disclosed for use in a criminal or administrative proceeding if the applicant knowingly and willfully provided false statements or information.
DISCLOSURE: Voluntary. However, applicants that fail to provide the requested information will be denied issuance of DON law-enforcement credentials.
What is LEOSA?
The Law Enforcement Officers Safety Act (LEOSA) is a United States federal law, enacted in 2004, that allows two classes of persons - the "qualified law enforcement officer" and the "qualified retired or separated law enforcement officer" - to carry a concealed firearm in any jurisdiction in the United States or United States Territories, regardless of state or local laws, with certain exceptions.
If a person meets the criteria, "notwithstanding any provisions of the law of any state or any political subdivision thereof" he or she may carry a concealed firearm in that state or political subdivision. An individual who qualifies under LEOSA does not require a state-issued permit to carry a concealed firearm.
The privilege specifically does not extend to machine guns, destructive devices, or silencers.
Although LEOSA preempts state and local laws, there are two exceptions: The laws of that state
- Permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property (such as bars, private clubs, amusement parks, etc.)
- Prohibit or restrict the possession of firearms on any state or local government property, installation, building, base, or park.
This credential does not grant the bearer any authority to act on the agency's (U.S. Navy) behalf or to exercise any law enforcement authority, when off duty.
Individuals must also obey any federal laws and agency policies that restrict the carrying of concealed firearms in certain federal buildings and lands, as well as federal regulations prohibiting the carriage of firearms on airplanes.
In 2013, LEOSA was again amended by the National Defense Authorization Act (NDAA) for Fiscal Year 2013, which clarified that military police officers and civilian police officers employed by the U.S. Government met the definitions in the original Act.
- The definitions of "qualified active" and "qualified retired or separated" law enforcement officer include the term "police officers" and expanded the powers of arrest requirement definition to include those who have or had the authority to "apprehend" suspects under the Uniform Code of Military Justice.
#1 - 926B Currently ServingCurrently serving in a DoD Military Law Enforcement Officer Position
#2 - 926C-R Retired (Non-Medical)Retired (Non-Medical)/at time of retirement served in a DoD Military Law Enforcement Officer Position
#3 - 926C-RM Retired (Medical)Retired (Medical)/at time of retirement served in a DoD Military Law Enforcement Officer Position
#4 - 926C-S Separated (Non-Medical)Separated (Non-Medical) from the Navy but after serving 10 years as a DoD Law Enforcement Officer.
#5 - 926C-SM Separated (Medical)Separated (Medical) from the Navy: No time threshold as a LEO, must have completed MA “A” School or for Civilians, a Navy approved completed Law Enforcement Training Course
#6 - 926C-S/AD Separated (Active Duty)Separated, (Still Active Duty) Serving in the Navy but no longer in a Law Enforcement Career Field (i.e. Cross-Trained), but after serving 10 years as a DoD Law Enforcement Officer.
- NOTE 1: With the exception of active U.S. Navy firearms training, all firearms qualification courses must be taught by certified firearms instructor through the National Rifle Association, American Association of Certified Firearms Instructors, or be qualified to conduct a firearms qualification test for active duty law enforcement officers within that state.
- NOTE 2: When carrying concealed the proof of firearms certification cannot be older than 12 months at all times.
- NOTE 3: There is no requirement for a mental health examination for separating or separated law enforcement officers seeking a LEOSA identification card.
The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Department of Defense, Washington Headquarters Services, Executive Services Directorate, Directives Division, 4800 Mark Center Drive, East Tower, Suite 03F09, Alexandria, VA 22350-3100 0703-0067. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR RESPONSE TO THE ABOVE ADDRESS.
Responses should be sent to: Commander, Navy Installations Command, 716 Sicard St, SE, ATTN: James Callahan, LEOSA Program Manager, N3 Anti-Terrorism/Force Protection Branch, Washington Navy Yard, DC 20374-5140, 202-433-9567Marine Corps: Colonel Zachary M. White, Marine Corps Policy Official, Head, Law Enforcement and Corrections Branch, Security Division, Plans, Policies and Operations (PP&O), Headquarters, U.S. Marine Corps, 3000 Pentagon Room 4A324, Washington, DC 20350-3000, 703-692-4247.